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How can a bail be discharged if case is still open

Miami, FL |
Attorney answers 5

Posted

Without more facts this is a difficult question to address - your bond can be returned upon a final disposition of your case. As for "another bond" should the state seek to file additional charges you could be required to post an additional bond. Seek the assistance of a criminal defense attorney in your case.

Please be advised that nothing in this posting is meant to supplement the advice of an attorney and The Law Office of Robert J. Lee, P.A. and/or Robert J. Lee has not undertaken any professional responsibility with regard to your case unless otherwise agreed. RJL is licensed to practice law in FL and MA, but no other jurisdictions. Nothing stated herein should be implied as legal advice.

Asker

Posted

It is a second degree felony arson case in fl that started in 12/2010 but my bond was discharged in 2011 but my case is still open i havent been arrest and since my bond has been discharged i still have been going to court. Now the court is telling me i have no bond can they require me to pay bond again

Posted

If for some reason (new charges, failure to appear, or arrest warrant issued) the bond is revoked, the court will order bond estreature, after which the bondsman will produce the defendant, file a motion to vacate the bond estreature and discharge the bond. I can't think of any other reason why a bond would be discharged while the case is pending. Consult with a competent criminal defense attorney.

Asker

Posted

It is a second degree felony arson case that started in 12/2010 but my bond was discharged in 2011 but my case is still open i havent been arrest and since my bond has been discharged i still have been going to court. Now the court is telling me i have no bond can they require me to pay bond again

Jesus Novo III

Jesus Novo III

Posted

Were you declared incompetent to stand trial at any point?

Asker

Posted

No not all my trial dates are always reset due to the state not being ready

Posted

There are reasons this can happen. Recently I had a client who posted a $50,000.00 bond on a felony. At arraignment the case was broken down and filed as a misdemeanor. The felony Judge discharged the bond and no bond was required for the misdemeanor (which is still pending).

The bottom line is that it could be a mistake, intentional, or even bad-news (i.e. bench warrant, bond estreature b the court). If you are represented by counsel then call your lawyer and ask her/him to look into it. If not then log onto the Miami-Dade Clerk's website and do an online criminal check on your case (just to be sure there are no warrants). If you are satisfied that there is no issue then don't sweat it. If you are still concerned then you should seek in person advise.

I practice primarily in Miami-Dade County and you are welcome to contact my office for a consultation, for a referral or two, or you can search the Florida Association of Criminal Defense Lawyers website by locality (please see http://www.facdl.org/ - and click on the "Find A Lawyer" tab).

Either way, best of luck!

Asker

Posted

will do because i have an attorney but i dont think he cares much about my case. So a new attorney seems like the best option.

Michael Adam Haber

Michael Adam Haber

Posted

Again, I practice primarily in Miami-Dade County and you are welcome to contact my office for a consultation, for a referral or two, or you can search the Florida Association of Criminal Defense Lawyers website by locality (please see http://www.facdl.org/ - and click on the "Find A Lawyer" tab). Either way, best of luck!

Posted

Bonds are typically discharged when you enter a diversion program. While the case is still open, the bond has been discharged.

All comments made by the attorney are mere statements of opinion and are not intended to be interpreted as legal advice. There is no attorney-client relationship formed as a result of this comment.

Posted

I am not sure what you mean by a bail being discharged. once a person with a criminal charge posts bail, the bonding company is responsible for seeing that the defendant shows up to court. the whole point of bail is to allow an accused person to be released while his case is pending, with the agreement that he will show up in court as ordered. if a person "jumps bail" or absconds, then the bail bonding company has a certain amount of time to catch the person and bring them to justice. if the absconder cannot be found, the bonding company will be required to pay into the court clerk's office the entire sum of his bail.