Wrong person released from Clay County jail

The wrong woman was released from the Clay County Jail last week.  According to an article on Jacksonville.com, Jessica Davis’ family posted her bond for her to be released while her misdemeanor simple battery case is pending.  Instead of being released once the bond was processed, Clay County released another woman, Jessica Arnott.  Arnott was being held in jail on a pending felony aggravated battery charge in Clay County.   The right Jessica was eventually released to her family and the other Jessica was returned to the jail.  Jessica Arnott now faces an additional charge of Escape.  Escape is a second degree felony punishable by up to fifteen years in prison.

When you are arrested in Clay County or anywhere in Florida, you are entitled to be seen by a judge within twenty-four hours.  In some cases, you will get issued a bond prior to going to that first appearance.  These pre-first appearance bonds are reserved for minor crimes, such as petit theft and misdemeanor criminal mischief.  For the most part, the judge in first appearance court will issue a bond, depending on the charge.  There are two considerations judges take into account to set appearance bonds.  The first is whether or not the person is a danger to the community and the second is whether or not the person is a flight risk.  Judges will obviously look at the current allegations against the defendant to determine the level, if any, of danger the arrested person poses to the community at large.  They will also look at the person’s ties to the community and previous arrest record.

Once a bond is set, there are two ways to post it.  You can post the whole amount with the Sheriff’s Office and that amount will be returned when the case is disposed of.  The great majority of people utilize a bondsman.  Most bondsman take 10% of the bond amount and demand collateral to cover the rest.  Bondsmen essentially provide an insurance policy to ensure your appearance in court.  When the bond is posted, the jail runs checks to make sure you don’t have any outstanding warrants or capias’.  If you have nothing holding you, you will be released on the condition your return for your court dates.

If you or a loved one needs a criminal defense attorney in Jacksonville or the surrounding area, call The Mussallem Law Firm at (904) 365-5200 for a FREE CONSULTATION. Our Jacksonville Bond Attorney, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.