The 3 Types of Florida Bond Motions | Orlando Bond Hearing Attorney

By: John Guidry II

When a loved one is in jail, the immediate goal is to get them out. Even for those who are out on bond, the conditions can be incredibly restrictive. A bond motion is the legal tool we use to improve the situation.

My name is John Guidry. As an Orlando criminal defense attorney, I’ve filed lots of bond motions. It’s critical to file the right motion for your specific circumstances. Let’s review the three main types.

Need Help With a Bond Issue in Orange, Seminole, or Osceola County? The right motion can make all the difference. Call me, John Guidry, for an immediate case review. Call Now: (407) 423-1117

Motion #1: Motion to Reduce Bond

This is the most common bond motion we file. The purpose is simple: the bond amount set by the judge is too high to afford, and we are asking for a reduction.

Florida Rule of Criminal Procedure 3.131 outlines the factors a judge should consider, including the nature of the offense, the defendant’s community ties, financial resources, and past criminal record. Our job is to present a compelling case to the judge showing that a lower bond is justified and that you are not a flight risk.

Motion #2: Motion to Set Bond

This motion is filed when a person is being held on a “no bond” warrant. This typically happens in three situations:

• Capital Felonies (like first-degree murder)
• Punishable-by-Life (PBL) Felonies
• Violations of Probation (VOP)
• First Degree Felonies (like drug trafficking, RICO)

For PBL felonies, we can often secure a reasonable bond. At the hearing, the burden is on the prosecutor to show the judge that the “proof is evident or the presumption of guilt is great.” If the state’s case has significant weaknesses, the judge is required to set a bond.

Unfortunately, we have a new law that permits citizens to be held on no bond for first-degree felonies. This law appears on its face to be unconstitutional, because Florida’s Constitution is pretty clear that everyone shall be granted a bond unless their charged with a capital offense or an offense punishable by life. The new law expands this into to charges like, for example, grand theft of the first degree (theft over $100,000) or drug trafficking.

Motion #3: Motion to Modify Conditions of Bond / Pretrial Release

This motion is essential in domestic violence cases. When someone is arrested for domestic violence battery, the court automatically imposes a “No Contact” order. This means the person arrested cannot have any contact with the alleged victim (husband, wife, girlfriend, boyfriend) and cannot return to the shared family home.

A Motion to Modify Bond asks the judge to lift this No Contact order. To win this motion, we must convince the judge that:

• The couple wishes to reconcile.
• The alleged victim is not in fear of the defendant.
• The alleged victim wishes to have contact and wants the defendant to be allowed to return home.

Successfully modifying this condition can reunite families and significantly reduce the stress and financial burden while the case is pending.

Choosing the Right Legal Strategy for Your Bond Issue

Filing the correct motion with the right legal argument is critical to success. Whether it’s arguing for a lower bond, fighting for a bond to be set in a serious felony case, or helping a family reunite by lifting a no-contact order, you need an attorney who understands the specific procedures for each.

I have been navigating these bond issues in the courtrooms of Orange, Seminole, Osceola, Lake, Brevard, and Volusia counties since 1993. If you need help, call my office. Let’s get to worked contact. Good luck out there!

If you would like to dive deeper into bond motions, check out my YouTube videos “My Tips for Bond Hearings” and “Top Reasons Courts Deny Bond (And What You Can Do)“.

About John Guidry II

John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.

Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.

Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.

When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.