In Florida, those arrested and not released on their own recognizance or to a third party can stay in jail and await disposition of the case, put up the full amount of the bail/bond or contract with a bail bondsman and pay him 10 percent, which is mandated by law, of the total bond amount.

“Cash bail is one of the most corrupt and broken parts of the justice system, as wealth determines freedom, regardless of due process,” the American Civil Liberties Union’s Florida chapter said in a statement.

“While many people’s understanding of how money bail works might be limited to what they’ve seen on television shows, money bail is actually one of the biggest problems plaguing our justice system. Every year in Florida, thousands of people are jailed while they await their trial simply because they can’t afford to post bail. When someone is unable to pay the total bail amount up front, they have to make an impossible choice: sit in jail while their case moves forward, plead guilty or pay a bail bonds company a nonrefundable fee to get out — all this even if they are innocent. “

“As a result, many people who are also low income are forced to sit in jail while they await their trial, the ACLU said.

Ken Berke, a licensed bail agent in the state, takes a different view, saying:
“Florida judges already release thousands of defendants, every year, on their own recognizance with no conditions, when deemed appropriate by an experienced judge. Florida Rules of Criminal Procedure specify detainees see a judge within 24 hours of arrest. When an experienced judge determines bail is necessary, the judge orders it.”

Writing on the Roche Security website, Berke added: “Unfortunately Florida would experience failure to appear for court rates close to 50% as Houston, Texas, found since they decided to irresponsibly release “low-level” offenders with no accountability. Fifty percent of victims would either have their rights delayed or negated. Is that reform?”

The Umansky law firm, with offices in Orlando and Lakeland, on its website, points out the argument that getting rid of cash bail would put “pretrial release in hands of algorithms and assessment” and “take control out of the accused offender’s hands.”

The debate on cash bail continues in Florida and elsewhere.