[vc_empty_space height=”13vw”]If you are arrested or convicted, you have a legal right to freedom and relief from injustice. Bail bonds and post-conviction relief are essential to ensuring the liberty of individuals is respected during the trial process. Here is Piotrowski Law’s guide to bond and post-conviction: why they matter.
What Is a Bail Bond?
Bail is defined as the cash – or equivalent – an arrested party gives to the court to ensure that they will appear in court when being ordered to do so and that they will not flee the jurisdiction of the court to evade trial. Bond is defined as the amount of bail needed.
The legal purpose of a bail bond is to allow an individual to retain their freedom until they can be tried for a crime. Bail bonds are also used to ensure that the individual will appear at subsequent hearings and proceedings, and finally, to protect the wider community from the threat of danger. While bail bonds must be reasonable, these factors are considered carefully when determining the level of bail that is set.
Bail and Bond in Florida
Under Florida law, if you are arrested and charged, you have the legal right to a reasonable bail bond pending trial. This is not a privilege – it is a right enshrined in the State of Florida Constitution. A reasonable bail bond may only be denied if the judge determines:
- You have a new arrest while currently on bail for another charge
- You are deemed to be a danger of flight
- Or you are deemed to be a danger to the community
Of course, there are certain charges that are non-bondable, like murder and burglary with an assault or battery. However, a judge has the discretion to set bail in any case.
What is Post-Conviction Relief?
Post-conviction relief is a motion filed after a criminal conviction which generally involves a claim of ineffective counsel, prosecutorial misconduct leading to a wrongful conviction, a request of DNA testing or an illegal imposition of sentence. Other examples of post-conviction issues may include:
- Perjury by a witness
- Evidence of juror misconduct
- Changes in law after the verdict
Any direct appeal must be received by the court with 30 days of conviction. If the appeal is unsuccessful, then the convicted person has two years to file for post-conviction relief. If the motion for relief is granted by a judge, the following relief may be offered:
- Modification of the sentence
- A new trial is ordered
- Any other relevant relief is offered
Why Do Bond and Post-Conviction Relief Matter?
Bond and post-conviction relief are essential legal processes which can help protect your freedom and rights. If you are arrested and charged, you have the reasonable right – in most instances – to freedom pending trial. Additionally, if you are convicted wrongly, you have the right to appeal and relief. In both these instances, you need a lawyer who is willing to fight for you.
At Piotrowski Law, we offer our clients experienced and knowledgeable criminal defense in the event that you have been charged with a crime and your freedom and security are at risk. Chad Piotrowski has an extensive background in aggressively defending his clients from charges ranging from marijuana possession to armed drug trafficking and murder. A former prosecutor in Miami-Dade County, Chad Piotrowski has the unique ability to anticipate prosecution strategies to help build a solid defense to help obtain the best possible outcome for his clients.