If you are arrested in Jacksonville FL, how much is this going to cost you? It depends. Let’s look at the expenses involved.
Bonding Out: If you are arrested and taken to jail, you probably want someone to post bail, so you can be released. Your loved-one will need to pay the bond amount or go through a bondsman. You may be able to avoid this expense if the judge releases you on your own recognizance.
Hiring a Jacksonville Criminal Attorney: Since you have been arrested, you are now looking to hire a criminal lawyer in Jacksonville FL. How much is it going to cost to hire an attorney to defend you against the pending criminal charges? The price of a Jacksonville lawyer will depend on a number of factors. In particular, the type of case will make a big difference when it comes to attorney’s fees.
Investigation and Litigation Costs: If you case is not dropped or your Jacksonville criminal lawyer does not work out a favorable plea agreement for you, your case will go into further litigation. Litigation has its costs. You may need to hire an investigator. You may need to take depositions. You may need to issue subpoenas. Unless you are found to be indigent, you will need to pay for these costs.
Court Costs and Fines: If your Jacksonville lawyer is able to negotiate a favorable plea deal with the state attorney in which you accept, there will likely be court costs associated with it. There may also be fines. This will vary depending on the type of case and the county.
Probation: If you are placed on probation, there are fees associated with this. This is known as the cost of supervision. It is a monthly fee. In addition to probation fees, you may have special conditions of your probation that you must complete. Those special conditions may cost you more than just time. For example, if you plea guilty or no contest to domestic battery in Jacksonville, you will need to take classes as part of your probation. The batter’s intervention program is not cheap. You are responsible for the cost to take the class.
Restitution: As part of your sentence, you may need to pay restitution. This means that you would need to pay for damages that resulted due to the criminal conduct. For instance, if you were arrested for Florida grand theft after taking $350, you may be required to pay the victim $350. This is known as restitution.
Sealing or Expunging the FL Record: Once your case has been closed, you may want to seal or expunge your Jacksonville criminal record. This does not happen automatically or after a certain number of years. Your must apply and petition for it. To discuss the fees to seal or expunge your Florida criminal record, contact 20 Miles Law at (904) 564-2525.
Cost of Going to Jail or Prison: After going through all of this, you see how one arrest can cost you. You would think that this would be enough. Nope. There is more. Florida has a law that allows the court to impose the cost of incarceration on the defendant. Going to jail or prison is a huge expenses for a defendant and his or her family because of the loss of income and support. A Florida law goes one step further and imposes actual costs. Section 960.293(2) of the Florida Statutes states:
Upon conviction, a convicted offender is liable to the state and its local subdivisions for damages and losses for incarceration costs and other correctional costs.
(a) If the conviction is for a capital or life felony, the convicted offender is liable for incarceration costs and other correctional costs in the liquidated damage amount of $250,000.
(b) If the conviction is for an offense other than a capital or life felony, a liquidated damage amount of $50 per day of the convicted offender’s sentence shall be assessed against the convicted offender and in favor of the state or its local subdivisions. Damages shall be based upon the length of the sentence imposed by the court at the time of sentencing.
The Florida Fifth District Court of Appeals affirmed a trial court’s imposition of the costs of incarceration and correctional costs on a criminal defendant stating:
“Our supreme court found this statute to be constitutional in Ilkanic v. City of Fort Lauderdale, 705 So.2d 1371 (Fla.1998). It further observed that the ‘order imposing the incarceration charges [is] enforced in the same manner as a judgment in a civil action,’ and, therefore, the ‘lien created upon the imposition of the per diem charge has the same effect as the lien created by the entry of a civil judgment.’ Id. at 1373.” McMurry v. State, 890 So. 2d 494 – 95 (Fla. 5th DCA 2004)
Just because this law exists, it does not mean that these statutory costs will be imposed. I am not saying that if you go to jail, you will definitely be facing these additional fees as a civil lien. However, it is important to know that this statute mandates that the State and local law enforcement be reimbursed for their costs. It has happened to defendants and could happen in the future.