Posting Bond: The Next Best Thing to Freedom
The Eighth Amendment to the Constitution prohibits excessive bail and, in the same breath, also prohibits cruel and unusual punishment. It implies that detaining defendants who have not been convicted is unjust, that requiring them to post bail in exchange for their freedom is just, and that setting the bail amounts so high that only wealthy people can afford them is unjust. Perhaps you have heard the news that Kisean Anderson, a South Florida recording artist who performs under the stage name Sean Kingston, has been involved in a criminal case. The state accused Kingston and his mother of a financial crime conspiracy that defrauded several businesses out of hundreds of thousands of dollars’ worth of luxury goods. Both defendants received a guilty verdict at trial, but Kingston’s mother played a larger role in the operation. The court did not allow Kingston’s mother to post bail, because the judge feared that she would try to leave the country before her sentencing to avoid punishment. It set Kingston’s bail amount at $100,000, though, and he eventually paid it. What about you? Can you afford to post bail in your criminal case, even if you aren’t a music star? Here, our Miami white collar crime lawyer explains how you can post bond if you are on a tight budget, and how the freedom you enjoy while out on bond is fleeting.
Who Has the Right to Post Bond?
Affording defendants in criminal cases due process of law means not imprisoning them when they have not been convicted of a crime; all defendants are innocent until proven guilty at trial or until they enter a guilty plea. The state has to detain people temporarily, but if it keeps them behind bars for more than a day, it must explain why. A court hearing must occur quickly after the arrest to determine the defendant’s charges and for the judge to set the bail amount that the defendant can pay for his or her freedom while the case is pending. This does not happen after every arrest; sometimes police quickly book defendants into jail and then let them go with a promise to appear in court on a certain date; they may or may not need to pay bail money to do this.
Asking defendants to pay bail sounds like extortion until you consider that it is refundable. The court returns your bail money when you appear in court as promised. The bail money is like a refundable deposit on your ongoing court case.
Judges have the right to detain defendants until their trial, without letting them post bond, if they think that it would not be in the interest of justice to let the defendant be free on bond while the case is pending. If this happens, the judge must reasonably fear that, if free on bond, the defendant will flee, intimidate witnesses, or destroy evidence.
How Do You Post Bond?
Even though the Bill of Rights forbids excessive bail, it does not specify how much is too much. Usually, the bail amount is proportionate to the severity of the crime. Minor offenses often do not even require you to post bond. For felonies, the bond amounts can easily exceed the amounts of money that people have on hand; consider that most of us do not have enough money in our bank accounts to cover a $400 unexpected expense.
This is why bail bond companies exist. You can pay a percentage of the bond amount to a bail bond company, usually ten percent. It posts your bail in full, pocketing your percentage, or some of it, when the court refunds the full bail amount. Your bond might be $4,000, but you and all your family and friends can jointly come up with $400.
When Can the Court Revoke Your Bond?
Even if you post bond, the court can revoke it at any time. Like probation or parole, your bond has conditions. You might have to wear a GPS monitor and avoid contact with certain people, such as co-defendants or witnesses. The court might also order you not to leave your county, or even not to leave your house. Consider that one of the conditions of Sean Kingston’s bond is that he must remain on home detention until his sentencing hearing.
Contact Our Criminal Defense Attorneys
A South Florida criminal defense lawyer can help you defend yourself against criminal charges and stay free on bond while doing so. Contact Ratzan & Faccidomo in Miami, Florida for a confidential consultation about your case.
Sources:
wsvn.com/entertainment/sean-kingston-released-from-custody-in-federal-wire-fraud-case-after-posting-100k-bond/
local10.com/news/local/2025/04/15/singer-sean-kingston-in-custody-in-miami-after-failing-to-come-up-with-100k-cash-bond/
