Criminal Defense
Since 1993
Since 1993
How to Get Your Bond Reduced in Florida: The Financial Factor
Judges sometimes hand out ridiculously high bonds. When a person can’t afford their bond, their attorney files a Motion to Reduce Bond. This brings up a critical question: what role does a defendant’s financial situation play in the judge’s decision?
The answer is more complex than you might think. A judge is required to consider your finances, but they are not required to set a bond you can actually afford.
Is a Loved One’s Bond Too High in Orlando? A judge is legally required to consider their financial situation. Call my office immediately to discuss filing a Motion to Reduce Bond. Call John Guidry: (407) 423-1117
The Legal Framework: The Factors for Setting Bond
Under Florida Statute § 903.046, a judge must consider several factors when setting bond. These include:
- The nature of the offense and the strength of the evidence.
- The defendant’s family ties, length of residence in the community, and work history.
- The defendant’s prior criminal record.
- The defendant’s personal financial resources and ability to pay.
A Judge’s Duty to Consider Your Finances: The Case of Sylvester v. State
The case of Sylvester v. State, 39 Fla. L. Weekly D 1194 (Fla. 5th DCA 2014), shows how important the financial factor is. Mr. Sylvester was given a $750,000 bond on fraud charges. At a hearing, his bond was only reduced to $600,000.
The appellate court sent the case back to the trial judge for reconsideration. The reason was not that the bond was necessarily too high, but because it was unclear from the record whether the judge had actually taken the evidence of Sylvester’s financial circumstances into consideration when making his decision. The error was the judge’s failure to show he had followed the law.
The Crucial Distinction: “Consider” Does Not Mean “Affordable”
This does not mean a judge must set a bond you can afford. The case of Mehaffie v. Rutherford, 143 So. 3d 432 (Fla. 1st DCA 2014), makes this clear. Mr. Mehaffie had a $750,000 bond, and his family testified they could only afford $5,000. The court upheld the high bond.
The court reiterated the general rule: just because a defendant cannot afford a bond doesn’t make it illegal or excessive. In Mehaffie’s case, the judge found the high bond was necessary because he was a flight risk and a danger to the community.
Another Powerful Argument: The County Bond Schedule
One of the best ways to challenge a high bond is to show that it exceeds the county’s standard bond schedule for that offense. In Cameron v. McCampbell, 704 So. 2d 721 (Fla. 4th DCA 1998), a judge set a $1,000,000 bond in a case that would normally have a bond of $190,000. Because the judge failed to provide a sufficient reason for this massive departure from the standard, the appellate court ordered the bond to be lowered.
John’s Takeaways
- When setting bond, a Florida judge must consider several factors, including the defendant’s financial resources and ability to pay.
- As shown in Sylvester v. State, a judge’s failure to make a record that they considered the defendant’s finances can lead to the bond being sent back for reconsideration.
- However, a judge is not required to set an affordable bond. If a defendant is deemed a flight risk or a danger to the community, a high, unaffordable bond can be legal.
- A bond that is significantly higher than the county’s standard bond schedule for that specific crime is vulnerable to a legal challenge.
- A successful bond reduction hearing requires an attorney who can present evidence on all the legal factors, especially the defendant’s finances and ties to the community.
I have been arguing these complex bond motions for my clients in Orange, Seminole, Osceola, Lake, Brevard, and Volusia County since 1993. If you or a loved one is being held on a high bond, call my office.
About the Author, John Guidry II
John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.
Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.
Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.
When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.