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How does the bail bond process work in Florida?

bail bonds company

Bail Bonds in Florida

The first thought that crosses a person’s mind when they are arrested and placed in jail is “How can I get out?”. The standard way it by obtaining bail bonds in Florida, and like other states, this can’t be done until a judge sets a bail amount. 

An arraignment judge is responsible for setting the bail amount. Once the judge as ruled the amount of bail, bonds in Florida can be obtained from a bail bond agent or an attorney can sign for your release. 

Sometimes this can take a few hours, sometimes, it can be a day or two. For example, if you’re arrested on a Friday, Saturday, Sunday, or Monday, it could be two to three days before you see the arraignment judge. Tuesday through Thursday, you’ll probably be presented before the judge within a few hours. 

Depending on the reason for the arrest, some governments will have a standard bail schedule. These are common non-violent crimes and allows a defendant to obtain bail bonds in Florida without an arraignment hearing before a judge. 

Okay, but what is bail? 

Bail is what a person that has been arrested has to give the court as a guarantee they will show up in court as ordered. If they defendant doesn’t make the required court appearance, the bail that was given to the court is not returned and a warrant for their arrest is issued. 

Bail bonds in Florida can be obtained in the following ways:

  • Pay the full amount of the bail to the court by cash or check 
  • Sign over property that worth the full amount of bail, like a car, jewelry, real estate
  • Obtaining bail bonds in Florida through a bail bond agent who guarantees the court the defendant will appear before the court as ordered 
  • Sign a waiver of payment on the defendant’s own recognizance that they will make their required court appearance 

When bail bonds in Florida are obtained through a bail bond agent, is generally 10% of the bail must be paid. This doesn’t mean the defendant is being released for less money though. The defendant or a co-signer are responsible to pay the full bail amount to the bail bond agent. In addition to the10% paid to the bail bond agent, there is an additional fee charged by the bail bond agent. That is how they make their money! 

If the defendant or a co-signer can pay the court the full bail amount, minus an administrative fee and court costs, the full amount is returned if all the conditions of the bail are met. If the defendant or a co-signer obtain help with an agent for bail bonds in Florida, that 10% paid to the agent is nonrefundable. 

Depending on a few factors, the agents that provide bail bonds in Florida may require collateral in addition to the 10% payment. This collateral is additional financial interest, typically this is valuable property. Agents that provide bail bonds in Florida will sell this collateral if the defendant doesn’t meet court requirements of bail release or doesn’t appear as ordered in court. 

The four main factors that bail bond agents use to determine if additional collateral is requires are: 

  • The reason for the arrest
  • The criminal background of the defendant
  • The credit history of the defendant and/or co-signer
  • The social standing of the defendant, aka employment, public standing, etc.

Are there bail bonds with no cosigner? 

A co-signer is usually the person that the arrested person contacted to “bail them out” of jail, they are that one phone call the defendant is allowed after their arrest. Bail bonds in Florida typically require a co-signer for bail bond guarantee. This is the person that the bail bond will contact first if the defendant doesn’t appear before the court as ordered.

When you pay a bail bond do you get it back?

If cash is paid to the courts for bail bonds in Florida and all the conditions of the bail release are complied with, the bail is refunded less administrative fees and court costs, once the case has been completed.  This means after the case has gone to court and a ruling has been issued by the judge or jury. Bail bonds in Florida that are obtained through a bail bond agent, the 10% down and any premium paid will not be refunded. 

How long do you have to pay off a bond?

The statues for bail bonds in Florida state the bond is good for 36 months after being posted and the defendant is released from custody. After 36 months, if the case has not gone before the courts and a ruling handed down, new bail bonds in Florida are required. 

What are the ways how to pay off bail bonds?

The most common way is to pay the 10% required fee to the bail bond agent. However, if a defendant or a co-signer do not have the full bail amount or can’t pay the usual 10% required with an agent that provide bail bonds in Florida, some agencies offer bail bonds with payment plans. This will require a credit check along with other factors before that is offered, and if t by the bail bond agency. They will a bail bond with a down payment and a signed agreement for the installment payments.        

What happens to bond money when someone jumps bail?

With bail bonds in Florida, if the defendant doesn’t show up in court, and the bail amount was paid to the court, they will keep the full amount paid when the defendant was released. Then an arrest warrant is issued for a misdemeanor. This is a First-Degree Misdemeanor with possible sentencing of 12 months in jail plus a fine of $1,000 maximum.

bail bond money

Are bail bonds worth it?

Yes, bail bonds in Florida allows the defendant to return to work or school while living at home until their court date, unless the judge places certain restrictions on the bail release. Those restrictions are typically for domestic abuse and the defendant is not allowed to return home or have any contact with the victim.

Can bail bonds mess up your credit? Yes, if the defendant doesn’t make their require court appearance, or is arrested for breaking any of the restrictions the judge imposed on the bail, this could reflect on the credit of the defendant and any co-signer. If you make an installment plan with the bail bond agent and skip any of the payments, they have the ability and right to file it against your credit. Call (321) 631-2663 today for your bail bonds needs in Flordia.

What are the most common crimes committed by juveniles?

young boy in handcuffs

Understanding Juvenile Crime

Florida has a high crime rate – mostly adults, but there is a high amount of juvenile crime too. But what is a juvenile crime? Is there a difference between adult crimes and juvenile crimes? In the state of Florida, a juvenile crime is a crime committed by anyone under 18 years of age. Up until 18, they are considered minors, and while the court system believes they should be punished, sentencing is not as severe as it would be for an adult.

In the Florida juvenile justice system, juvenile crimes bail amounts are determined by the judge during the arraignment process, the same process as adult crimes bail. The difference is that since 2013, juveniles can now bond out if they aren’t charged with an adult crime. So, while the bond may be the same and requires the same bail process, younger individuals that are arrested can go home with their parents or guardian until their trial.

At what age can a juvenile be charged with a crime?

Currently, Florida State attorneys can choose to circumvent juvenile courts and “direct file” on 14-year-olds and 15-year-olds in the criminal court for any of the following charges: 

  • Murder
  • Manslaughter
  • Carjacking
  • Carrying or displaying a gun while committing  a crime
  • Kidnapping
  • Aggravated assault
  • Aggravated child abuse
  • Armed burglary
  • Other crimes similar in nature

Those arrested for juvenile crimes at 16 years old or 17 years old can be directly filed with a felony charge or a misdemeanor if the individual has a criminal history of two or more prior criminal offenses in which one is a felony. With these types of arrests, they will not be released with juvenile crimes bail but will await arraignment for adult crimes bail instead. 

What are juvenile crimes called?

When a person under the age of 16 commits a crime, the offense is referred to as a “delinquent act” versus a “crime,”  as with those 16 and older being tried as adults. Once arraigned by a judge, the juvenile is eligible for juvenile crimes bail through a lawyer or a bail bond agency. 

When the minor appears in court for what is traditionally a “trial”, it is referred to as an “adjudication,” where their case is handled as a “disposition” at which point a judge sets the sentencing. The proceedings are different in juvenile court than those held in normal court for adult crimes. 

Juvenile crimes bail can be handed down by a judge in these disposition proceedings in two categories of delinquent acts. 

The first type of delinquent act would be deemed a crime had an adult committed the act. For especially serious crimes committed by a juvenile, some jurisdictions in Florida will try a child as an adult. If the child is tried as a juvenile, the parents are usually required to pay any court costs.

The second type of delinquent act wouldn’t normally be deemed a crime if an adult were facing the charges, and are characteristically known as a “status” offense because of the arrested person’s age. Common Juvenile crime examples that are referred to as a “status” offense would be: 

  • Out past curfew
  • Possession or consumption of alcohol
  • Truancy

Are juvenile crime rates increasing? 

Is juvenile crime on the rise? Actually, it’s dropping. According to records released by the Florida Department of Juvenile Justice the fiscal year 2019 to 2020 saw a 17% decline with just over 45,000 juveniles compared to over 54,000 during the fiscal year of 2018 to 2019. The fiscal year of 2018 to 2019 had a 35% drop from the previous fiscal year.

What are the punishments for juvenile crime?

Juvenile courts are handled differently than adult courts in the state of Florida. All cases are handled as a disposition without a jury. The presiding judge will make all decisions on penalties and sentencing. 

A juvenile crime case can be sentenced any of the following dependent on the crime after posting juvenile crimes bail: 

  • Community service for several hours
  • 14 days in a non-secure juvenile detention facility
  • Years in a secure juvenile detention facility
  • Years in federal or state prison after time served in juvenile detention

A juvenile can sometimes be sentenced to twenty or more years in prison without the possibility of early release as ruled by the Florida Supreme Court. Notably, in 2011 the court has banned the death penalty for juveniles under the age of 18 years of age. 

Can juveniles be charged as adults?

Florida’s state law allows prosecutors to charge 14-year-old and 15-year old juveniles in adult court for 21 specific felonies where they will have a bond set requiring adult crimes bail instead of juvenile crimes bail. The same law allows any felony charges to be filed on 16-year-old and 17-year-old juveniles. This decision by any state prosecutor is a direct file and not subject to judicial review. This decision cannot be appealed.

close-up of a young woman's hands in handcuffs

In Closing 

When concerned with the juvenile population in Florida, what is the strongest predictor of juvenile crime? Between the ages of 12 and 14 years old, chronic offender’s strongest predictors that will require juvenile crimes bail, are typically one of or combination of the following: 

  • Antisocial peer involvement 
  • Lack of social ties
  • Nonserious delinquent acts 
  • Little to low school commitment, attachment, and achievement
  • Assorted problems like school drop-out,  substance use, and teen pregnancy

However, people should always remember that juvenile crime is declining. This means that while parents and guardians should keep an eye on their children as always, there is less to worry about when it comes to juvenile crime as in years past.

Can you bail out of jail on a probation violation?

handcuffed individual signing documents

Understanding Probation Violations

Being arrested and placed in jail is a serious matter, no matter the reason for the arrest. So when you’ve been granted probation, it should be treated with respect and reverence. Probation is a second chance to live your life outside of jail with guarded normalcy. Which is why probation violation is taken so seriously. 

How serious is a probation violation?

In the State of Florida, willfully violating your probation is serious and can result in severe penalties. The penalties will be  based on the original crime of your arrest and any additional crime committed at the time of the probation violation. 

The judge will have the authority to take several different actions with a probation violation case. One option they have will be revoking the probation, meaning you are returned to jail immediately. The judge can also impose other types of penalties in addition to the jail sentencing for probation violation. 

What is considered a probation violation?

The list of probation violations is short but severe. Within each violation listed here, there can be different scenarios considered: 

  • New offenses or violations of the law
  • Failed alcohol or drug testing
  • Failure to attend or complete a substance abuse treatment program or meetings
  • Failure to meet financial obligation to the court and/or victim
  • Acts resulting from mental illness
  • Acts resulting from ineptitude or negligence
  • Missed court dates, probation appointments, failure to file reports 

Is bail the same as probation?

No, they are totally different but similar in many ways. Bail is paid once you’ve been arrested and will release you from jail until your court date. The act of paying bail is known as “bonding out” of jail. 

A bond requires less money out of pocket at the time a defendant is released.  Typically, a bond costs 10% of the bail amount declared by the judge during arraignment. It allows the defendant to leave the jail and return home, hopefully still employed, until their court date. 

There are restrictions to be met by the defendant until their court date. When their court date arrives, they could be found guilty and returned to jail or given probation. Those restrictions usually include not leaving town, following the law in all cases, and not returning to the scene of the crime or associating with known criminals or associates involved in the original arrest.

Probation is what the judge grants once a defendant has been found guilty of charges. They are allowed to leave jail and resume their normal life with some restrictions to their life that may include one of any combination of the following: 

  • Report to the probation officer as assigned by the courts
  • Accept visits from a probation officer in home, work, or other locations
  • Obtain and remain employed in an acceptable job
  • Stay within city, county, or state limits as stated by the court
  • No new legal offenses 
  • Pay restitution to any parties or victims harmed by the committed crime
  • Maintain financial support for dependents
  • No associating with any person(s) that engage in criminal activities
  • Submit to random alcohol and/or drug testing
  • No possession of or ownership of any firearms
  • No possession or use of  controlled substances not prescribed by a physician

A defendant on probation should take the matter seriously and avoid any possible probation violation. Absolute compliance to the various terms and conditions is required with zero violation. Any probation violation is subjected to further legal action, including possible jail time. 

Do you always go to jail for violation of probation?

No, any probation violation will be reviewed by the judge.  The original crime that resulted in probation and the type of probation violation will factor in the judge’s decision to revoke the probation. A revoked probation can be punished by a minimum of one year and up to a maximum penalty of the original offense with a minimum of one year jail time. 

How can I avoid jail time for probation violation?

The first recommendation would be not to have any probation violation, but it happens.  For any probation violation, you’ll find immediate jail time until you are scheduled to appear before the judge. When you are presented before the courts for your probation violation, having an experienced defense attorney is the best way to avoid any extensive jail time. 

Do you get bail if you violate probation?

Not without a court hearing. You will be held in jail until you are presented before the courts, with or without an attorney. At that time, the judge will review the facts of the probation violation and the original arrest that resulted in probation.  You, or your defense attorney, will have an opportunity to present your case to the judge. 

How do you beat a probation violation?

It is recommended to have a criminal defense attorney present when you see the judge for a probation violation. They will have the expertise and knowledge to navigate the system.  Some ways they will suggest beating the charges of probation violation may include: 

  1. Prove you didn’t violate probation.
  2. Make any amends and repairs possible to the violation.
  3. Work to repair the probation violation and other failings.
  4. Be a positive contributing member to society.
  5. Seek and follow quality mentors.
close-up of ankle monitor

In Conclusion – Any Possibility? 

Can a probation violation be dismissed? With a good criminal defense attorney representing you, yes, a probation violation could be dismissed.  The above suggestions on beating the charges of probation violation are a start. The defense attorney needs to present you in a positive light that overcomes the violation. Meanwhile, if you have found yourself in need of help with bail, you can reach out to the Ammediate Bail Bonds team by calling (321) 631-2663.

What happens if you get charged with disorderly conduct?

Three men fighting.

Facing Arrest for Disorderly Conduct

Being arrested for disorderly conduct may not seem like that big of a deal, and compared to kidnapping or murder, it isn’t. But the consequences and ramifications that these charges can bring about going forward could be devastating. No matter how minor the incident may seem to you, it should be taken seriously, and hiring a defense attorney should be the first action taken. 

Is disorderly conduct serious?

In the State of Florida, a disorderly conduct bond typically costs $100.00 per offense and the courts treats charges of disorderly conduct as a misdemeanor in the 2nd degree. Also referred to as “breach of peace”, the punishment for this second-degree misdemeanor can be a jail sentence of up 60 days or probation for 6 months as well as a fine of $500.00. 

A first-time offense will typically see less than the 60 days maximum, depending on other factors. The factors that can lead to the maximum 60 days jail time are: 

  • Disrespectful actions towards law enforcement
  • Concerns of legitimate endangerment to the public 
  • The involvement of alcohol or drugs

The biggest risk for a first-time offender with a disorderly conduct charge is the creation of a permanent criminal record. For a repeat offender or a person who already has an extensive criminal history, jail time is far more likely.

What are examples of disorderly conduct?

Specific actions can be deemed disorderly conduct. The most common actions include:

  • Disturbance of the peace. 
  • Fighting and other physical altercations
  • Inciting a riot
  • Loitering in restricted or certain areas
  • Loud or unreasonable noise
  • Obstructing traffic
  • Use of abusive language or obscenities

If a disorderly conduct charge is classified as a first-degree misdemeanor, the subject could face a year of imprisonment. Additionally, disorderly conduct for inciting a riot can be categorized as a 3rd-degree felony in Florida and, if convicted, can lead to a possible one-year prison term. 

Does disorderly conduct stay on your record?

Absolutely.  A misdemeanor or felony conviction will never drop off your record. Once you’ve been charged and convicted, you have created a criminal record for life. In the State of Florida, you will not qualify to have your case sealed or expunged either. 

Does disorderly conduct affect background checks?

Federal and state laws allow arrests not convicted within the last seven years to appear in a criminal background check. This is true whether or not it affects a prospective employer’s decision to hire a subject, as long as they are conforming to the guidelines set in place by the EEOC (Equal Employment Opportunity Commission).

A misdemeanor criminal conviction can be included in a criminal background check, including any pending case. A misdemeanor is subjected to a jail time of a possible 15 days up to one year in a local jail. Fines and probation are also possible, including community service.

Examples of misdemeanor charges that may show on background checks in Florida include: 

  • Disorderly Conduct
  • Public Intoxication
  • Trespassing 
  • Vandalism

Can you be charged with disorderly conduct in your own home?

Most likely not, but disorderly conduct laws in Florida are somewhat vague. With that being stated, it’s recommended that any individual facing charges obtain the services of a criminal defense attorney with experience in disorderly conduct charges. 

The State of Florida refers to disorderly conduct as a “breach of the peace,” and because of this uses the law to regulate individuals’ conduct in public, but not in homes. However, if the disorderly conduct was outside of the home, this could be considered a breach of peace. A misdemeanor charge can stem from a public argument or public intoxication if the conduct took place outside of the home. 

What is the difference between disorderly conduct vs disturbing the peace?

Under Florida state laws, the two are one and the same. Both are categorized as a “breach of peace”. Both are also considered sufficient to “corrupt the public morals”, “outrage the sense of public decency”, and potentially “affect the peace and quiet of persons”. This could include a brawl or fight. 

Again, because disorderly conduct or breach of peace laws are so vague and can go from a 2nd-degree to a 1st-degree misdemeanor charge so easily, the experience of a defense attorney is recommended. 

Man in handcuffs.

In Conclusion

It is in any person’s best interest to stay within the laws. A criminal charge and conviction of any category and level will always be with you, affecting your everyday life. It can affect your home life with your spouse and children as well as your current or future employment. 

The impression you leave on family, friends, co-workers, neighbors, and the community will forever be affected as well. These are things that will have an effect on your emotional and mental well-being, even if you’re not convicted. If you need advice from an expert on disorderly conduct laws in Cocoa, FL , you can contact Ammediate Bail Bonds at (321) 631-2663 today.

How Much is Bail for a Drug Charge?

drug charges

How much is bail for a drug charge?

For many people, there is a familiarity of how the process works in posting bond after being arrested, especially on drug charge. Bail is set after you have been arrested, then taken to jail where you’re arraigned before a judge. The judge will read the charges and ask you how plea, then they will set bail, the amount needed to get you out of jail. On occasion, a defendant is denied bail. 

The amount of bail on drug charges is set  by the reigning judge who uses several factors to determine the amount, or if bail should be denied. Each state has different levels and each city within the state will have different amount for drug  bail charges. The main factors will be the defendant’s criminal history and the situation surrounding the arrest. 

For example, in Lake County Florida, a drug charge bail can start at $1,000 for a misdemeanor possession of less than 20 grams of cannabis. A drug trafficking charge bail of a controlled substances can have a bail in the amount of $50,000.  Some of the factors that are considered are: 

  • The circumstances of the offense at time of arrest. 
  • The evidence.
  • The defendant’s family ties, length of residence, community reputation, employment, financial resources, and mental stability among other things.

How much time can you get for a drug charge?

It can depend on the drug in possession when arrested. The sentence can be a three year minimum prison time with a possible fine of $50,000 or you could be sentenced to life in prison and no parole. If the defendant was selling any drugs, simply possessing a controlled dangerous substances (CDS) can be charged with drug trafficking.

With an aggressive stance, the State of Florida has 5 schedules for classifying controlled dangerous substances and illegal drugs, basing these classifications  on the medical value and possibility of abuse. The prosecution team typically seek the maximum in  fines and/or jail sentencing. Th schedule of classifications are as follows: 

  • Schedule I: High potential for abuse that have no medical use.
  • Schedule II: High potential for abuse with some accepted medical use, holds severe restrictions.
  • Schedule III: Potential for abuse at a lesser extent than above mentioned with an accepted medical use.
  • Schedule IV: Drugs with a lower possibility of abuse and have accepted medical use.
  • Schedule V: Drugs with the lowest possibility of abuse and have an accepted medical use.

The amount of any drug on a person at the time of arrest will be a considered factor in determining the penalty. The list of drug charges and penalties are: 

  • 1st degree felony for over 10 grams of a Schedule I drug faces 30 years jail sentence with possible fine of $10,000 minimum. 
  • 3rd degree felony for over 10 grams of other CDS is a 3rd degree felony faces 5 years prison time with possible fine of $5,000 minimum.
  • 1st degree misdemeanor for over 20 grams of marijuana faces 1 year prison time with possible fine of $1,000 minimum. 
  • 3rd degree felony for more than 20 grams faces 5 years prison time with possible fine of $5,000 minimum.

Can a possession charge be dropped?

Individuals that are faced with drug charge bail will attempt to have their drug charges dropped. Florida courts and judges are no easy to convince dropping drug possession charges. The assistance of a criminal attorney with experience in drug charges is advised. They will have the experience and knowledge in working with one of the following excuses: 

INSUFFICIENT EVIDENCE

In sufficient evidence is a common defense in Florida. This leaves the state with burden of proof beyond a reasonable doubt. Of elements of a drug charge can be proved by the state, the charges could be dismissed. 

CONSTRUCTIVE POSSESSION

The defense of constructive possession is when cocaine is found in a place where multiple person has had access. This defense is helpful for an attorney post drug charge bail for a defendant because  the state has to prove the accused had knowledge of the drugs and the ability to maintain control.

ILLEGAL SEARCH AND SEIZURE

Another strong defense that criminal attorney and their clients favor that can lead to the drug charges being dropped. The Constitution of the United States requires that law enforcement act with reasonable search or seize. With this constitutional right has been violated, there chance of having the drug charges dropped. 

Other possible ways to have drug charges dropped include Lack of Knowledge, Overdose Defense, Prescription Defense, Temporary Possession, Alibi, and Entrapment.  

Can you get bail on a felony charge?

A defendant that been pre-trial released or on a felony probation when arrested again on a drug charge, denied bail will be ruled by the judge. Or if the defendant has previous arrest for any of the following, drug charge bail will be denied: 

  • Capital felony
  • Life felony
  • Carjacking
  • Sexual battery
  • DUI manslaughter
  • Domestic violence
  • Arson
arrested for drug charges

Can you get probation for a felony charge?

In Florida, a 3rd degree felony doesn’t hold a minimum sentence, but a maximum sentence 5 years prison with possible $5,000 maximum fine. Depending on the crime, the defendant may be required to pay restitution. 

When a person is arrested on a drug charge, the defendant best move is to hire a criminal attorney specializing in drug charges. An experienced attorney can work with the judge to have a reasonable drug charge bail set and have their client released. Call (321) 631-2663 today for your probation bail needs in Cocoa, FL.

What is an illegal weapon?

muzzle of a gun

Identifying an illegal weapon

Being arrested for anything is serious. Then add weapon charges to the arrest, how much more serious does it get? That is what we’re going to discuss here, answering common questions in a way that will provide some plain speak to the subject, starting with what are weapon charges

The general term of weapon charges refers to a wide range of charges involving weapons. Each state has their own statutes, most are sorted into the following two categories: 

  • Possession of specific weapons. A person can be arrested with weapon charges and convicted if they are in possession of a weapon considered to be illegal regardless of whether another person was injured, threatened, or didn’t see the  weapon.
  • Use during another crime. If a person used a weapon, or the weapon was visible,  while committing another crime, such as sexual assault would be upgraded to aggravated sexual assault. 

In the state of Florida illegal weapon charge applies if a person is in possession of a dangerous weapon, discharges a weapon at any school-sponsored activity or event; a felon that is in possession of a weapon; or giving a person of 16 years of age a weapon. 

What is an illegal weapon?

An illegal weapon in U.S., making it a federal law, and is outlined in the Gun Control Act who can own, manufacture, sell, or import firearms to be licensed dealers, importers, and manufacturers. The illegal weapons that can have a person arrested for weapon charges on a federal level are: 

  • Explosives and bombs
  • Machine guns
  • Illegal knives
  • Sawed-off shot guns
  • Stilettos
  • Switchblades

In the state of Florida, weapon charges can result from any person owning or to have in their possession, care, control of, or  custody of the following illegal weapon list with the exception of antique firearms: 

  • Short-barreled rifle
  • Short-barreled shotgun
  • Machine gun  

What is the penalty for having an illegal gun?

The United States of America’s constitution states we the people, have the right to bear arms. The Second Amendment protects this, however, in recent years, may states, like Florida, have passed laws overruling the Second Amendment. The citizens of these states, including many Floridians, have strong feelings and opinions about the issue of firearms possession. 

If a person is confused or uninformed of the Florida state laws regarding firearms, they could find themselves facing weapon charges for any of the following infractions: 

  • possession
  • purchased
  • use of a weapon

The immediate results of these types of weapon charges could be met with:

  • A fine.
  • Incarceration.
  • Weapon(s) confiscated.
  • Restriction of future weapon possessions.

Is possession of a deadly weapon a felony?

In Florida, there are two types of illegal weapon crimes: 1). Gun  2). Weapon Offenses/Enhancements. A weapon charges offense is based exclusively on the fact that accused improperly:

  • Possessed a weapon;
  • Purchased a weapon;
  • Use of a weapon.

A weapon enhancement can increase the penalties of a weapon charges or could require a mandatory minimum prison time if the weapon were used during a violent crime such as aggravated assault, aggravated battery, or in a robbery.

Florida’s most common weapon charges are:

  • unlicensed carry or concealed firearm;
  • improper display of a dangerous weapon;
  • dischargement or possession a weapon at a school-sponsored activity or event;
  • a convicted felon with possession0; and
  • allowing a person under the age of 16 access a loaded firearm.

Punishment for those weapon charges may be:

Possession of  a concealed firearm without a license is a third degree felony with punishments ranging: 

  • up to five years prison time;
  • up to five years of probation; 
  • and/or fines up to $5,000.

Weapon charges for carrying a concealed weapon are similar to carrying a firearm with the exception that the defendant is accused of carrying other weapon than a firearm such as chemical weapon, metallic knuckles, knives, tear gas gun, etc.

This weapon charges crime is a first degree misdemeanor that may be punished by:

  • One year jail time;
  • One year probation; 
  • and/or fines up to $1,000.

A person facing weapon charges for improper display of a dangerous weapon or firearm is for displaying in public a firearm or other dangerous weapon in an angry, careless, rude, or threatening manner with one or more people present. 

This weapon charges crime is a first  degree misdemeanor with punishments ranging as follows: 

  • up to one year jail time;
  • up to one year of probation; 
  • and/or fines up to $1,000.

A person faced with weapon charges for discharging or possessing a weapon at a school for displaying in a dangerous weapon or firearm in an angry, careless, rude, or threatening manner with one or more people present at any school-sponsored activity or event, or on school grounds. 

This weapon charges crime is a third degree felony and is punished by any of the following:

  • up to five years jail time;
  • up to five years of probation; 
  • and/or fines up to $5,000.

A convicted felon facing weapon charges for own, possession, or control of a firearm is an extremely serious offense with punishment ranging:

  • up to fifteen years prison time;
  • up to fifteen years of probation; 
  • and/or fines up to $10,000.
illegal knife

What are examples of weapons violations?

The illegal use of firearm laws in the state of Florida and any of the following are considered a violation, resulting in weapon charges: 

  • Unlawful discharge.
  • Unlawful possession.
  • Unlawful sale.
  • The use of a weapon while committing another crime.
  • Possession of a firearm or weapon while committing another crime.
  • A convicted felon possessing or using a firearm.

Anyone that is facing weapon charges of any level should consult a defense attorney that specializes in weapon charges. These are serious charges and can affect your future employment and life. Call (321) 631-2663 today for your weapons charge bail in Cocoa, FL.

What crimes are violent crimes?

arrested man

How many crimes are violent?

Crime is on the rise in many cities, especially violent crimes. Whether you are the victim of a violent crime vs non violent crime doesn’t matter though. At the time it happens, they all seem violent and unnecessary. A violent crime case study by the Attorney General’s National Task Force on Children Exposed to Violence in 2016 found that almost 60% of the 76 million children in America between the ages of 10 and 24  are victims of abuse and violent crimes. This doesn’t include violent crimes against younger children or adults.

There are 5 criminal offenses considered to be violent crimes. The violent crime for examples are:  

  • Murder and non-negligent manslaughter
  • Rape
  • Robbery
  • Aggravated assault
  • Gang violence
  • Property crime – included in property crime is:  Burglar, Larceny, Motor vehicle theft, Arson

What is the most common form of violent crime?      

The BJS(Bureau of Justice Statistics) and the FBI (Federal Bureau of Investigation) track offenses differently, but both find patterns to be the same overall. In 2019 property crime was reported more than violent crimes with larceny, burglary, and theft of motor vehicle being the most common in that category. 

In the category of violent crimes, the most common was aggravated assault. Robbery, rape, murder, and non-negligent manslaughter followed in that category. As of the data provided by both BJS and FBI, property crime was more common than violent crimes with over 2,000.0 property crimes per 100,000 people report compared just under 400.0 violent crimes per 100,000.  

Are all violent crimes felonies?

When we think about crime, the first that often comes to mind are violent crimes, the most serious of all offenses.  Violent crimes are those where one person is harming or threatening harm with action or weapon another person.  

Based on the severity of a crimes, they  are classified as a felony or a misdemeanor, with misdemeanor being the lesser of the two in terms of seriousness and a felony being the more significant crime with more serious penalty. 

It is the law’s classification that differentiates the two, putting violent crimes in the felony classification. However, depending on the details and factors, some violent crimes may be classified as a misdemeanor.

Violent crimes that involved physical harm to a person are referred to as  “offenses against the person”. One example of this would be when a person commits the battery, a violent crime of attacking another person with fists. Another example would be when a person threatens another person with violence while stealing, also referred to as a robbery. A violent crime doesn’t have to involve any engagement of actual violence, just the threat of it is sufficient to fall into the category of violent crimes. 

Is mugging a violent crime?

Mugging is defined in the Oxford Dictionary as:  “an act of attacking and robbing someone in a public place.”.  As we have discussed earlier in this article, violent crimes are those where one person acts or threatens acts of harm to another person while committing a robbery.  Therefore, yes, mugging is considered one of the many violent crimes we have reviewed. 

Which is not a violent crime offense?

In the State of Florida, the following crimes are not considered non-violent crimes, with circumstances varying that could change the charge from non-violent to violent….

  • Assault.
  • Burglary.
  • Cybercrime.
  • Harassment.
  • Hazing.
  • Robbery.
  • Theft.

Circumstances and factors that can change these non-violent crimes to violent crimes would be a weapon is involved by the person committing the crime or the threat of harm by the person committing the crime to the victim while the crime is being committed. 

arrested for violent crime

What is violent crime compensation?

The State of Florida, like many states, offers victims of violent crimes compensation to victims that received personal injury or is the survivor of a victim killed during the act of a felony or misdemeanor crime that is punishable by  federal or state law. This includes any crime involving a DUI, a hit and run, or any disabled or elderly adult that suffers property loss due to a crime being committed.

There are eligibility requirements including cooperation with law enforcement officials, and any branch of the government dealing the crime. Physical, psychiatric, or psychological injury, must have resulted from the crime, or death of a person that was with or related to the one filing for compensation. 

The victim applying for compensation cannot have been involved or made any contribution to the circumstances of the crime that lead to any death or the injury being reported.  The Florida Crime Information Center will run a criminal history of the person applying for compensation.

Crime of any type is scary for the victim, and violent crimes are especially scary. Depending on the victim, they may require extend time of help psychologically, even physically. These types of crimes are of great concern to this country and the public should take every precaution they can to not become a victim to crime, especially violent crimes. Call (321) 631-2663 today for your bail bonds needs in Cocoa, FL.

Can You Recover From Identity Theft?

Identity Theft Prevents People From Shopping Online.

Can you recover from identity theft?

If you’ve had someone unknowingly charge enormous amounts on your credit card or have ever been a victim of any sort of identity theft, you know how difficult it is to recover that identity. No matter how difficult it might seem, it is possible to recover your identity after it’s been stolen. At minimum you’re going to spend about seven hours recovering your identity. More likely you’re going to spend a day or even several days, and possibly months, recovering it. This means you’re going to spend time contacting banks, governmental agencies like the IRS or driver license departments and other institutions getting your information updated and corrected.

In Florida, if you’ve been charged with identity theft, you’re facing a second-degree felony conviction. If you have been arrested and jailed on identity theft charges or other White collar crimes in Cocoa, FL, you can get immediate bail help from Ammediate Bail Bonds by calling (321) 631-2663.

How identity theft happens

Identity theft occurs in a variety of ways. Someone could steal your wallet or purse, get access to debit and credit cards or driver’s licenses, Social Security cards, or other identity cards and use them to buy things, steal money or commit other fraudulent acts. Others might steal your identity by hacking into social media or other online accounts. Still, others might be desperate enough to hunt for personal information in your trash.

What are the four types of identity theft?

Anytime someone takes your personal data—account numbers, addresses, etc.—you’ve been a victim of identity theft. The types of identity theft include:

  • Medical: This occurs when someone uses your identifying information such as insurance information to get medical care for free
  • Criminal: This occurs when someone gives false information about who they are to law enforcement during an arrest or criminal investigation.
  • Financial: This occurs when someone uses financial information like stolen credit cards or bank account numbers to buy stuff or services or to get other information.
  • Child: This occurs when someone uses a child’s information—Social Security numbers, etc.—for personal gain, including falsifying information for jobs or housing applications.

Can identity theft happen to anyone?

Anyone can steal your identity and anyone can be an identity theft victim. As many as 9 million people in the U.S., according to the Federal Trade Commission, have been victimized by this crime in some form or another. While this crime could happen to anyone, it’s not as common as one might perceive, given it receives so much attention.

How can I find out if someone is using my identity?

Many times people remain unaware their identity has been stolen until serious damage has been done by the thief. Before serious damage occurs, some warning signs to look for include:

  • Unexplained withdrawals appear on your bank account or unfamiliar charges appear on your credit reports.
  • Checks are refused and cards are declined for insufficient funds.
  • Calls come in from debt collectors on debts you don’t owe.
  • Bills or other mail stops appearing in your mailbox.
  • You receive medical bills or health plans reject claims for procedures you didn’t have.
  • You receive notices from the IRS that you filed more than one tax return.
  • Businesses notify you of data breaches at their companies.

What to do if someone steals your identity

If someone has stolen your identity, not only do you want to report the incident to the police but also you want to report it to the Federal Trade Commission, which handles identity theft reports. At the identitytheft.gov website, you can document the theft with a report that proves to businesses your identity was stolen.

You then want to follow up by placing both a one-year and seven-year fraud alert on your credit report through one of three national credit bureaus, Equifax, Experian, or TransUnion. You can also get the credit bureaus to remove any fraudulent information from your credit report. The credit bureaus also must investigate any dispute of information on your report if you send them a written notice of the dispute.

Creditors and debt collectors also have to stop reporting fraudulent accounts when you submit the FTC report to them. You can also request debt collectors stop contacting you.

Gather all the information you can about the fraudulent accounts or transactions. Add these to the FTC report, and also give them to law enforcement to aid in investigations.

The FTC site has a full list of available options to take when trying to recover from getting your identity stolen.

Do police investigate identity theft?

Unless your identity was stolen locally, it’s difficult for local police to investigate and prosecute these crimes. That’s because they often take place in multiple jurisdictions, out of state, or in other countries. Still, it’s good to file a report with the police, along with the FTC. Not only can this help you as you try to recover your identity, but the police can also pass the information along to other agencies when investigations occur.

Are identity theft protection services worth it?

Several companies offer services to protect you from identity theft. While these services claim to protect you from the crime, what most actually do is monitor your information and flag it to alert you if something fraudulent has occurred. They do not stop fraudulent practices from occurring. These services are generally only worthwhile if you have already been a victim of theft or are at high risk or if you don’t think you’ll actively monitor your information yourself.

A Hacker Steals Information.

Can identity theft be expunged?

In Florida, if you are convicted of identity theft, that record currently cannot be expunged from your criminal record. This is true even if someone uses your identity to commit criminal acts but you are mistakenly arrested and charged with the crime. If you have been arrested for identity theft in Cocoa, FL, you can get prompt help with bail by calling Ammediate Bail Bonds at (321) 631-2663.

What causes violent crime?

A Man With a Gun Committing a Robbery.

What causes violent crime?

Violence seems almost too common today, especially violent crime. With seemingly so much violence, people began to search out causes. The problem is, like all crimes, violent crimes like murder and rape have many causes. A person might commit a murder, for example, for revenge or out of anger, whereas rape is often committed as a show of power over the victim. A person might commit a robbery because they need the money or they might assault someone because they have a psychological disorder. While the causes of violence are a varied as the causes of any other crime, violence, or alleged violence often land you in one place—jail. If you’ve been arrested for a violent act and need violent crimes bonds in Cocoa, FL, you can always count on Ammediate Bail Bonds. You can get help 24/7 by calling (321) 631-2663.

What are the four types of violent crime?

While many crimes could be considered violent, under the FBI’s Uniform Crime Reporting program violent crime falls under these four categories:

  • Murder and nonnegligent manslaughter
  • Forcible rape
  • Robbery
  • Aggravated assault

Is domestic violence a violent crime?

Most abusive acts toward a family member, spouse, or domestic partners are considered domestic violence in Florida, not every act is tracked as a violent crime. Some acts such as murder, rape, manslaughter, or aggravated assault are considered violent crimes no matter the situation, but in cases of domestic violence, simple stalking, as well as simple assaults or threats, could also be considered violent crimes.

Is robbery a violent offense?

While thefts are typically classified as property crimes, robbery—a type of theft—is considered a violent crime. That’s because robbery also involves an attack or threat of an attack on a person. Although no injuries may occur, if a person is threatened with violence of any sort when a theft from that person occurs, this is still considered a robbery. In almost every state robberies—no matter how little was taken—are considered felony offenses.

Violent crime vs property crime

Crimes are typically categorized as either property crimes or crimes against a person. Many crimes perpetrated against a person are violent crimes such as aggravated assault or murder.

Property crimes include theft and burglary. Thefts can range from misdemeanor crimes to felonies. The charges largely vary based on the item stolen. Arson is also considered a property crime, although it also could be considered a crime against a person if someone is injured or killed as a result of the fire. Although robbery is a type of theft, it’s considered a violent crime because violence against a person occurs or is threatened.

Which violent crime is the least common?

Although murder gets the most attention when it’s reported, it’s actually statistically one of the least common of violent crimes. Other violent crimes like rape often go underreported, though they might occur fairly often. Rape or sexual assault is statistically one of the least reported of all crimes in all categories. The most commonly reported violent crime is aggravated assault.

Is violent crime up?

Although we see a lot of reports of violent crime in the news and on social media, for almost two decades, according to the Florida Department of Law Enforcement violent crime overall has declined. Between 1998 and 2018—the date of the most recent stats available from the department—show that violent crime has declined almost 40% in this 20-year time period. The department classifies violent crime as murder, rape, robbery, and aggravated assault. As consistent with other reports nationwide, the most common violent crime is aggravated assault. According to the Florida report, more than 55,000 aggravated assaults occurred in 2018, while almost 82,000 violent crimes were reported overall.

Can a violent crime be expunged?

No matter what you’ve been charged with and whether or not you’ve been convicted those charges will be placed on your criminal record. In some cases, such as when you’re seeking employment or trying to get a loan, you might want to want to have that record expunged, or completely removed from the record.

In Florida, if you were convicted of a felony offense, your criminal record can’t be expunged. Most violent crimes like murder, rape, and robbery are felony offenses, and if you were convicted of those offenses, no matter how clean your record is now, the conviction will not be expunged. Only offenses that received no conviction can be completely erased from your criminal record.

A Person in Jail

What is violent offender?

If you are charged with a violent crime like murder or robbery, you will be considered a violent offender. In some cases, getting labeled as such could affect your punishment if you’re convicted. It could also affect you later in life because such offenses, if convicted, stay on your record. If you have been charged with a violent crime in Cocoa, FL and need bail, contact the reliable team Ammediate Bail Bonds for fast, effective help. You can call us 24/7 at (321) 631-2663.

What Are Some Examples of Juvenile Crimes?

What Are Some Examples of Juvenile Crimes?

Are you looking for some examples of juvenile crimes? Please review the following bullet points to learn more.

  • Graffiti and vandalism.
  • Petty theft charges, including shoplifting.
  • Simple assault.
  • Joyriding.
  • Underage drinking violations.
juvenile crime

What are the Most Common Juvenile Crimes?

There are a number of very common juvenile crimes. These crimes can be filed into the top five most common. At the top of the list is shoplifting, which is also known as larceny. This crime category includes petty theft. Petty theft is known as the shoplifting of items that are less than five-hundred dollars in value. The next most common juvenile offense is simple assault. It’s important to note that simple assault is designated differently according to the state that you live in. Next, are drug abuse violations. Underage drinking and vandalism are also common juvenile crimes.

What Causes Juvenile Crime?

There is a multitude of reasons why juveniles turn to crime. Factors that can contribute to juvenile delinquency include poor school attendance, poor educational standards, violence in the home, and violence in social circles. Teenagers that engage in illegal or criminal actions can expect the swift arm of the law when it comes to juvenile crimes. By addressing the factors that contribute to juvenile delinquency at an early age, juvenile crime rates can dramatically lower.

What is Considered a Juvenile Offense?

It’s important to understand the legal language as it pertains to juvenile offenses. For example, in juvenile cases, a “status offense” is issued for conduct that would not be a crime if it were committed by an adult. Status offenses can include underage drinking, violating curfew, and skipping school. As many as twenty percent of cases involving juvenile arrests include status offenses.

Why are Status Offenses Illegal?

Juvenile crime bonds are important to secure after a defendant has been arrested. However, it is important to understand why status offenses are illegal. Status offenses are deemed illegal due to the fact that the individual in question is a minor while the act was committed. As previously mentioned, if an adult committed the same action, the action would not be deemed unlawful. Examples of status offenses encompass truancy, running away, possession and consumption of alcohol, and curfew violations.

What Juvenile Crime

As previously mentioned, the legal terms and their associated meanings will have some precedence in your court hearing. For example, the terms juvenile and delinquent are different. This has implications in state and federal law. Criminal delinquency offenses will include homicide, assault, burglary, and theft. Juvenile crime is often used interchangeably with criminal delinquency.

Can Curfews Stop Juvenile Crime

Many major United States cities want to address the debilitating impact of juvenile crime and are actively searching for ways to snuff it out. One of the projected ways is by initiating curfews for young people. The idea of curfews has been a strong one because if young people are forced to stay indoors at night, they won’t be outdoors causing havoc. According to new research, the results of this theory are mixed. Apparently, instituting a curfew in a city may not reduce the crime rate for juveniles. In some cases, research theorizes that curfews can be counterproductive to public safety.

Who is Responsible for Juvenile Crime

Are you wondering who is responsible for juvenile crime rates? If so, it is important to understand all the underlying influences. Many states have a parental responsibility law. This means that parents are held accountable for juvenile crimes that are committed by their children. Parents, who are known as the people in charge of their child, can be charged with contributing to the delinquency of a minor if they somehow assist in the juvenile crime. This important rule also extends to anyone else who is in charge of the child if, in fact, the parents do not have custody of the juvenile. When the child obeys the law, the parent benefits. The law is intended to support parents who raise their children well, and punish children and thereby families who are disobeying the law. By instituting rules and punishments for parents of children who are found disobeying the law, this is intended to make sure that everyone in the family is involved in the well-being of the child.

juvenile bond

What is Juvenile Crime Definition

Are you wondering what the definition is of juvenile crime? According to the dictionary, juvenile crime is typified as a crime that is committed by young people below a certain age. In the United States and most countries, this specific age is eighteen.

If you or a loved one has been arrested for a juvenile crime in Cocoa, FL, please reach out to us today. We can be accessed with a quick phone call to (321) 631-2663.