Providing False Information in Bail Application
Unlike Perjury, Providing False Information in a Bail Application does not require a person to be under oath.
Under Florida Statute 903.035, the crime of Providing False Information in a Bail Application is committed when a person:
- applies for bail or a modification of bail; and
- 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 a bail application.
Penalties for Providing False Information in Bail Application
The penalties for Providing False Information in a Bail Application are determined by whether the false information was made in relation to an application for bond on a felony or a misdemeanor.
Misdemeanor Penalties for Providing False Information in Bail Application
If the application for bond related to a Third Degree felony, First Degree Misdemeanor, 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.
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.
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:
Double Jeopardy
Since both Providing False Information in a Bail Application and Perjury 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 originally charged with both crimes. [1]
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 Orlando Criminal Defense Lawyer Richard Hornsby today.
The initial consultation is free and I am always available to advise you on the proper course of action that can be taken.