Providing False Information in Bail Application

If accused of Providing False Information in Bail Application, you need to know the:

Definition of Providing False Information in Bail Application

Under Florida Statute 903.035, the crime of Providing False Information in a Bail Application is committed when a person:

  1. Applies for bail or for a modification of bail; and
  2. Intentionally provides false or misleading material information, or intentionally omits material information, in the application.

Difference Between Perjury

Unlike Perjury, Providing False Information in a Bail Application does not require a person to be under oath and simply punishes one who intentionally provides or omits material information in an application for bail.

However, since both statutes punish the same basic crime (i.e., the violation of a legal obligation to tell the truth); a person can only be convicted of one crime due to Double Jeopardy protections (even if they were originally charged with both). [1]

Penalties for Providing False Information in Bail Application

The penalties for Providing False Information in Bail Application differ depending on whether the false information was made in relation to an application for bond on felon or misdemeanor.

Felony Penalties for Providing False Information in Bail Application

If the application for bond related to a Capital, Life, First Degree, or Second Degree felony then the crime of Providing False Information in a Bail Application is prosecuted as a Third Degree Felony.

If convicted of felony Providing False Information in a Bail Application, a judge can impose any combination of the following penalties:

  • Up to five (5) years in jail.
  • Up to five (5) years of probation.
  • Up to $5,000 in fines.

Misdemeanor Penalties for Providing False Information in Bail Application

If the application for bond related to a Third Degree felony, or a First Degree or Second Degree Misdemeanor, then the crime of Providing False Information in a Bail Application is prosecuted as a misdemeanor.

If convicted of misdemeanor Providing False Information in a Bail Application, a judge can impose any combination of the following penalties:

  • Up to one (1) year in jail.
  • Up to one (1) year of probation.
  • Up to $1,000 in fines.

Defenses to Providing False Information in Bail Application

In addition to the pretrial defenses and trial defenses that can be raised in any criminal case, specific defenses to the crime of Providing False Information in Bail Application are:

  1. Materiality

Materiality

Technically, under Florida law, materiality is not a defense, but an issue that must be decided by a judge as a matter of law.

However, if it can be shown that the false statement did not relate to a material matter in the proceeding, the charge of perjury would be dismissed.

Contact Criminal Defense Lawyer Richard Hornsby

If you have been arrested or charged with the crime of Providing False Information in Bail Application in Central Florida or the greater Orlando area, please contact Criminal Defense Lawyer today.

The initial consultation is free and I am always available to advise you on the proper course of action that can be taken.

References

  1. State of Florida v. Anderson, 695 So. 2d 309 (Fla. 1997)