Judges can still exercise discretion in setting bail above or below the recommended range. Judges in Florida rely on a statewide bail schedule, which sets out a recommended range of bail amounts for different offenses. Jailors, law enforcement and prosecutors do not have authority to set bail, a judge or court officer in the Highlands County or municipal court sets bail. Prior to January1, 2024, each county sets their own bond schedule, and the bond amount was set during booking.ĭuring bond proceedings, the defendant can have an attorney present but does not have the right to an attorney. When you are arrested, under most circumstances your bond amount is set during the booking process and the defendant is eligible to bond out before going to court. Sometimes the court decides that there is a good chance that the arrested will show up for trial and not flee so they are released on their own promise, or recognizance without having to pay bail.Ī bond proceeding is the determination of how much bail and of January 1, 2024, Florida moved to a statewide uniform bond schedule. Bail can be denied if the court feels that the arrested would be a danger to others if released. If a person does not pay bail, they remain in the Highlands County jail until their trial. Once the case is over, the bail money is returned to the defendant. Bail amounts and other conditions are determined at the arraignment. An arraignment is not a trial, and the defendant is entitled to a trial within a reasonable amount of time after the arraignment.īail is money paid that is held by the Highlands County or municipal court to make sure that the arrested does not flee the area before their trial. If there is reason to believe that the arrested is guilty, the judge will set bail conditions or send the defendant to jail or release them ROR (release on recognizances). At this time, the person is called the defendant, and the opposing side is called the prosecution. Jurisdiction varies from state to state and sometimes county to county.Īrraignment is when a judge determines whether the charges are supported by the prosecution’s initial evidence and tells the arrested what they are charged with, and the person says whether they are guilty or not guilty. If you attempted to flee from police when they attempted to stop you after you ran the red light, it becomes a more serious crime, and the municipal court might not have jurisdiction so you might be assigned to a higher-level court that has jurisdiction over the more serious crime. For example, if you run a red light in your town or city, a municipal court would likely have jurisdiction over your case, but the next town or city over would not have jurisdiction over your case. Jurisdiction is an important term in the court system that means whether a court has the obligation or duty or right to handle a case. The prosecuting attorney for the Highlands County or the district is called the State’s Attorney. These are attorneys that work for the state of Florida, Highlands County or a city or town. The prosecution, sometimes called “the government” or “the people” or “the state” is the side that press the charges and seeks punishment for the offense. Booking also includes fingerprinting, criminal history, investigation and verification of identity. In cases involving more serious crimes, the person is usually placed in the county jail until an arraignment, or a judge decides the next step.īooking is when the Highlands County sheriff or local police gather information such as the detainee’s name, address and why the person is being arrested. In less serious crimes, the person may only be given a citation ordering that they appear in municipal or Highlands County court on a certain date. The arrested person may or may not be immediately jailed. If you scroll down below this content, and the listing of the courts in Highlands County, you will find a simple flowchart diagram and a video that will help you visualize the stages of the Criminal Court Process.Īrrest is when Florida, Highlands County, or local police take a person into custody and start the legal process. It is always preferred to follow information given by your attorney or local authorities. The definitions on this site are for general information and not legal advice. It might be helpful to define some words that will be used on this site, when explaining the Florida Court System and how it works. Criminal Court Process for Highlands County Florida Highlands County Florida Criminal Court System - Definitions
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