How is bond set after an arrest in Florida, and how fast can someone get out?

In Florida law, "bail" and "bond" cover every form of pretrial release, not only money (s. 903.011(1), Florida Statutes). This page explains who sets bond, what a judge weighs, and the practical steps for posting it at the Palm Beach County and Broward County jails, using the Florida Rules of Criminal Procedure (October 1, 2026 edition), the statutes and the two sheriffs' own pages. The order of events in the first two days is on our page about the first 48 hours after an arrest in Palm Beach or Broward County. For the charges Mr. Mead defends, see the criminal defense practice areas.

How does bond work, step by step?

1. Booking. The jail records the charges, and each charge carries its own bond amount.
2. Schedule check. If none of the criteria in section 903.011(6) apply, the person can be released on the bond schedule before first appearance.
3. First appearance. Anyone not released sees a judge within 24 hours, who decides release under Rule 3.131 and the factors in section 903.046(2).
4. Posting. Family or friends post cash or use a licensed bail bond agent, following the sheriff's instructions.
5. Processing and release. The jail completes its release steps and the person leaves with the court date and any conditions.
6. During the case. The person keeps every condition and attends every court date; a judge can lower, raise or revoke bond later.

Who sets bond, and when?

Each charge gets its own amount. Rule 3.131(c)(2) says a judge setting a monetary bond "must set a separate and specific bail amount for each crime charged," and each charge needs a separate bond when bail is posted. A court may not set one amount for cash and a different amount for a surety bond (s. 903.011(3)), and any money part of a release can be met by a surety bond (s. 903.011(2)).

What forms can pretrial release take?

Unless the State has moved for pretrial detention, the rules presume release on nonmonetary conditions, and the judge must impose the first of these that will reasonably protect the community, assure the person's return to court and protect the integrity of the process (Rule 3.131(c)(1)):

1. personal recognizance;
2. an unsecured appearance bond in an amount the judge sets;
3. nonmonetary conditions, such as keeping a job, a curfew, reporting to a pretrial services agency, no firearms, or substance abuse evaluation;
4. a bail bond with sufficient solvent sureties, or a cash deposit.

The presumption does not apply in the same way to the "dangerous crimes" listed in section 907.041(5), which include aggravated battery, burglary of a dwelling, stalking, acts of domestic violence and DUI manslaughter. For those, monetary conditions are imposed if they are needed to assure appearance or protect the community (s. 907.041(3)(a)).

What does the judge look at to set the amount?

Section 903.046(2) lists the factors, including the nature of the charge, the weight of the evidence, family ties, length of residence in the community, immigration status, employment history, financial resources, any record of convictions or missed court dates, the danger to the community, and whether the person was already on release or probation. It also covers the source of the money: the person posting bond carries the burden of showing that the funds, property or bond premium did not come from the alleged crime or other illicit activity (s. 903.046(2)(f)). Everything the defendant says to get bail must be "accurate, truthful, and complete without omissions" (s. 903.035(1)(a)). Intentionally false or misleading information is itself a crime, one degree less than the charge, capped at a third-degree felony (s. 903.035(3)).

How do you post bond at the Palm Beach and Broward jails?

The Palm Beach jail is described in more detail, from booking to first appearance, on our page about the Palm Beach County jail and first appearance on Gun Club Road. The Broward steps are on our page about the Broward Central Courthouse and Main Jail. Miami-Dade runs its bond hearings from the Gerstein Justice Building. A domestic violence arrest follows a stricter rule, with no release before first appearance, explained in what happens after a domestic violence arrest. Martin County bonds are paid without cash, as our page on the Martin County Courthouse and jail explains.

How long does release take after bond is posted?

No agency promises a time. The Broward Sheriff's Office says processing at Central Intake includes property intake, medical screening, fingerprints, photographs and a warrants check, and that the time it takes "may be affected by the volume of arrestees being processed simultaneously and/or the availability of information from state and national databases." Having the right booking or arrest number when you pay avoids one common delay.

Will a cash bond be refunded in full?

Not always. When someone other than a licensed bail bond agent posts a cash bond, the clerk must withhold enough to pay unpaid costs of prosecution, costs of representation, court fees, court costs and criminal penalties (s. 903.286(1)). The Broward Sheriff's Office warns that a depositor "may receive only a portion or none of the posted bond money even though the defendant makes all timely court appearances." BSO says cash bonds are refundable when the case is completed and a disposition order is issued, or 36 months from the bond date, whichever comes first, and that the money goes only to the depositor unless the bond was formally assigned. Missing court changes everything: the bond can be forfeited, and a person who willfully fails to appear is not eligible for a recognizance bond afterwards (Rule 3.131(d); s. 903.046(2)(d)).

Can the bond be lowered later?

Yes, by a judge. Only a judge may set, reduce or alter bail outside the bond schedule, and a court may reconsider the money part of a bond if the person cannot post it (s. 903.011(4)). A request to modify bail on a felony must be heard in person, with the defendant present and at least 3 hours' notice to the State Attorney (s. 903.035(2)). After release, the next court event is usually arraignment, explained on our page about whether you have to go to arraignment in Florida. If the arrest was for DUI, a separate license deadline is already running: see what happens after a DUI arrest in Florida.

What changes the answer?

• Domestic violence. The person is held until a judge sets bail, and the State Attorney must present the person's history at first appearance (s. 741.2901(3)). See our domestic violence defense page.
• An injunction violation. An arrest for violating a protective injunction is excluded from the bond schedule (s. 903.011(6)(c)). The charge is explained on our violation of injunction page.
• Sex offense and child-related charges. Indecent, lewd or lascivious touching, sexual battery and child abuse are on the list in section 903.011(6)(g). How a lewd or lascivious charge is defended is on our lewd and lascivious conduct page.
• Firearm charges. Possession of a firearm by a felon is on the same list (s. 903.011(6)(g)5.), as explained in what happens when a convicted felon is found with a gun. Other gun charges are covered on our firearms violations page.
• A probation violation. For a new-law violation, the first appearance judge may hold the person for the court that granted probation or release the person, with or without bail (Rule 3.130(d)). Our probation violation page covers the hearing that follows. Who cannot be released before that hearing is explained in bond on a probation violation.
• The source of the money. The person posting bond must show that the funds did not come from the alleged crime or other illicit activity (s. 903.046(2)(f)).

A worked example

For example, picture a hypothetical arrest in Boca Raton for a third-degree felony theft, with no record and no other circumstances on the section 903.011(6) list. After booking at the Palm Beach County jail, the family checks the charges and bond amount through PBSO Inmate Records, then posts the full amount in cash with a money order payable to the Palm Beach County Sheriff, or pays a bondsman's fee for a surety bond. Release follows jail processing, with no set time. Months later, when the case ends, the clerk withholds unpaid court costs and fees from the cash bond before refunding the rest to the depositor, as section 903.286 requires. If the same person had been on felony probation at the arrest, release on the schedule would not be allowed and a judge would decide at first appearance. This is a hypothetical example, not a prediction.

Common mistakes people make

• Posting cash in the defendant's name with money that belongs to someone else, without understanding the refund rules.
• Bringing a personal check to PBSO, which accepts cash, money orders or certified checks only.
• Giving the judge incomplete or misleading information to get bail, which is a crime under section 903.035(3).
• Missing a court date, which can forfeit the bond and end eligibility for a recognizance bond.
• Breaking a no-contact condition, which lets the court revoke release (s. 903.0471).

What to do this week

1. Get the booking or arrest number and the exact charges.
2. Confirm whether the charge allows release on the schedule or needs a judge.
3. Gather proof of work, family ties and how long the person has lived here, for the judge.
4. Decide between cash and a bondsman, and keep every receipt.
5. After release, read every condition and calendar the next court date.
6. If the amount is too high, talk with a lawyer about asking a judge to reconsider it.

Frequently asked questions

What is the difference between bail and bond in Florida?

Florida law uses both words for every kind of pretrial release, including release with no money at all (s. 903.011(1)). In everyday speech, "bond" often means the money or the bondsman's guarantee.

Can a judge deny bond altogether?

A person charged with a crime is entitled to release on reasonable conditions, except for capital and life offenses where the proof of guilt is evident or the presumption is great, and unless the State shows no conditions will protect the community, assure appearance or protect the process (Rule 3.131(a)).

How much does a bondsman charge?

Both sheriffs say a bondsman most often charges a percentage of the bond as a fee. The fee is set by the bond agent, not the court.

Can I get my cash bond back?

Partly or fully when the case ends, after the clerk withholds unpaid costs, fees and penalties (s. 903.286(1)). BSO says refunds follow the disposition order or 36 months from the bond date, whichever comes first.

Does bond affect whether charges are filed?

No. Release and the State's filing decision are separate. The filing deadlines and how a case can end early are covered in whether criminal charges can be dropped before trial.

Can conditions include a curfew or a monitor?

Yes. Rule 3.131(c)(1) lists nonmonetary conditions such as maintaining employment, a curfew, reporting to a pretrial services agency, no firearms and substance abuse evaluation, among others.

How can Mr. Mead help with bond?

A lawyer who is involved before first appearance can gather proof of the factors a judge weighs, such as work, family ties and length of residence, and can ask for reasonable conditions or a later reduction. Mr. Mead can speak with the family, 24 hours a day, about the charges and the release options. Every case is different, and no outcome can be promised. Call (561) 362-6677.

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