FREQUENTLY ASKED QUESTIONS F.A.Q.
Q? How much is a $1000 bond in Florida?
$100
Bail Bond Cost: Florida law mandates a non-refundable 10% fee of the bail amount (e.g., $500 for $5,000 bail).
For bail under $1,000, the fee is a flat $100.
Federal Charges: The fee increases to 15% due to higher risks.
Q? Which is cheaper, bail or bond?
Paying cash bail is cheaper long-term if you can afford the full amount upfront because it's mostly refundable, while a bail bond has a lower initial cost (a non-refundable fee, usually 10%) but costs more overall because you lose that premium, making bail cheaper if you have the funds and a bond better for affordability.
Cash Bail:
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Cost: 100% of the bail amount paid directly to the court.
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Refundable? Yes, usually refunded at the end of the case (minus small court fees).
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Best for: People with enough cash on hand who want to save money in the long run.
Bail Bond:
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Cost: A non-refundable fee (premium), typically 10-15% of the bail amount, paid to a bail bondsman (Dale's Bail Bonds).
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Refundable? No, the premium is the bondsman's fee and is lost.
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Best for: People who can't afford the full bail amount upfront and need immediate release.
In Summary:
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Bail: is cheaper if you get your money back.
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A bond is cheaper initially (lower upfront cost) but costs more overall because the fee is non-refundable.
Q? What is the 10 day rule in Florida?
Florida's "10-day rule" refers to the critical, short timeframe after a DUI arrest (or refusal of a chemical test) to request an administrative hearing with the DMV to challenge the automatic suspension of your driver's license, otherwise the suspension goes into effect, typically for a year, separate from your criminal case. Missing this deadline means losing your chance to fight the license suspension, making it vital to contact a lawyer immediately after a DUI arrest.
What Happens Under the 10-Day Rule:
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Immediate Suspension:
If arrested for DUI, an officer suspends your license and gives you a 10-day temporary permit if you're otherwise eligible.
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The Deadline:
You have only 10 calendar days from the date of arrest to request a formal review hearing with the Florida Department of Highway Safety and Motor Vehicles (FLHSMV).
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The Hearing:
This hearing is an administrative process to challenge the suspension, distinct from the criminal DUI court case.
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Consequences of No Request:
If you don't request the hearing, your license is automatically suspended (e.g., 1 year for a first offense).
Key Reasons to Request the Hearing:
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Challenge the Suspension: To argue your license shouldn't be suspended.
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Hardship License: To potentially get a hardship license (limited driving privileges) while the case proceeds.
When it Applies:
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Driving with a Blood Alcohol Concentration (BAC) of 0.08 or higher.
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Refusing to submit to a breath, blood, or urine test (implied consent).
What to Do:
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Contact a Lawyer: Immediately call a Florida DUI attorney after an arrest to ensure your rights are protected and the hearing is requested on time.
Q? What is the 33 day rule in Florida?
The "33-day rule" in Florida refers to Florida Rule of Criminal Procedure 3.134, which requires prosecutors to file formal charges within 30 days of a defendant's arrest if they're in custody, or the defendant must be released on their own recognizance (ROR) by the 33rd day, unless the state shows good cause for an extension to the 40th day. Recent rule changes (effective July 1, 2025) now start the speedy trial clock after formal charges are filed, but this 30/33/40 day rule for initial release remains a crucial pre-charge deadline for defendants in custody.
Key Aspects of Rule 3.134:
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In-Custody Defendants:
If arrested and held, the state generally has 30 days to file formal charges.
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Mandatory Release (Day 33):
If charges aren't filed by day 30, the court must order the defendant released on their own recognizance (ROR) on day 33 unless the state requests an extension.
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Extension (Day 40):
The state can petition for an extension to the 40th day by showing "good cause" (e.g., complex case, needing more evidence).
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Release:
If no charges are filed by the 40th day, the defendant must be released, as they cannot stay in custody indefinitely without being formally charged.
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Out-of-Custody Defendants:
For those out on pretrial release, the deadline to file formal charges is now 60 days from arrest, with release from restrictions if missed.
Why It Matters:
This rule prevents indefinite detention by the state while they decide whether to formally prosecute, ensuring a defendant isn't held without charges for too long. Defense attorneys often file a motion for mandatory release (based on this rule) when deadlines approach.
Q? What is the most common bail amount?
In many courts, the most common bail amounts for everyday cases land in the low thousands. Misdemeanor cases often sit in the hundreds to a few thousand dollars. Lower-level felonies tend to push bail into a higher band, often several thousand to around the low five figures. Talk to your bail bondsman to get a detailed amount needed for your case.
