In many cases, an individual is arrested and brought before a bail judge without the assistance of an experienced criminal defense attorney. So if the accused person has ties. Greg Hill & Associates. This is because when a person is placed on deferred adjudication they have not technically been found guilty.
This can happen more quickly than most think, which is why it's important to retain legal counsel as soon as possible. In some cases, the bail judge will require that a designated person, organization, or bail agent act as a surety for a defendant released on nominal bail. This motion is allowed under Penal Code § 1275. The seriousness of the crime, prior criminal record, employment, family circumstances, and living situation can all play a role in making a bail bond decision. Bail is supposed to be set high enough to give assurance to the court that the defendant will return, but it is not supposed to be used as a mode of oppression. How to Reduce your Bail Bond on a North Carolina Criminal Charge. Contact our office to learn how you can benefit as other Spolin Law P. clients have. Did the accused appear at previous court hearings. You will also be required to appear in Court and report to Pretrial Services at any time you are directed, as part of your conditions of bond. There is an art to bond reduction hearings. They can send you a copy after it is completed for you to read. In other cases, the defense lawyer may have to provide proof or evidence that shows why the defendant should be released, like proof of a medical condition, a job, custody of young children, or some other compelling reason. This is especially true when the bond amount that was initially decided was set automatically or was otherwise thoughtlessly determined.
If you have steady employment that you are supervised at and a family that depends on your employment, the court may consider lowering the bail amount. Bail bond companies are used frequently in Montgomery County, Philadelphia County, Lehigh County, Delaware County, Northampton County, and many other counties in southeastern Pennsylvania. What if I can't afford to pay the bond? The bail amount is based on individualized assessments where the court can consider numerous factors to determine the amount the bail should be set at. Wisconsin Bond Conditions And Criminal Charges. Bond Reduction - FAQ. This can sometimes be circumvented, however every circumstance is different and it is essential to move on this as quickly as possible. Bond refers to the money that a person charged with a crime must pay in order to be released, while the bond conditions are the rules that the defendant must follow during the time the case is pending and the defendant is awaiting trial.
When a court grants bail or "OR release, " it can impose conditions designed to protect the public and ensure that the defendant will appear at subsequent hearings and at trial. "Excessive bail shall not be required…" -Eighth Amendment. Bond Reduction in Ohio. A defendant can file a Motion to Reduce Bond in a felony and a misdemeanor case. If a defendant can't afford bail or bond, they may argue that the amount is so high that it's excessive and violates the Eighth Amendment to the U. S. Constitution, which explicitly prohibits "excessive bail. " This is because each person's situation is unique to their charges, the circumstances of those charges, and many of the factors we listed above. Bond amounts are set by the judge, although they are somewhat standard. That is the seriousness of the offense, the likelihood of conviction, and the type or the range of punishment should there be a conviction. Bail serves as the defendant's promise to come back to court. Bond Reduction Frequently Asked Questions. I have often been able to convince the bail judge to reduce an individual's bail to a reasonable amount by providing the court with documentation establishing the following: - The accused has been admitted into a drug and alcohol treatment program. Bond, also called bail, is the amount of money a court requires to secure the defendant's release from custody during a criminal prosecution. Peter has handled many bond reduction motions and hearings, and knows what is required to give the court the peace of mind that you will make your required court appearances, and will not be a threat to the safety of the community or any witnesses against you.
The defendant who lives locally may be released without cash bail, whereas the one who lives in another state may have to post cash bail. If this isn't an option for you, it may be time to ask for a bail reduction. When a defendant believes bail is too high, he or she can ask the judge hearing the case to reduce bail. Theft is a less severe crime than an attempted murder. The ability of the defendant to make bail. You don't pose a danger to the community. This article was co-authored by Clinton M. Sandvick, JD, PhD. As long as the court's actual motive isn't to force the defendant to rot in jail awaiting trial, the court can set bail at any level it can justify. You will not receive a bond when you are arrested, but must wait to see a judge. How to get a bond reduced. If you choose to testify, then you should review your testimony with your lawyer so that you will know what questions they will ask. Sometimes incarcerated defendants get better plea offers, and sometimes bonding out is essential to success at a trial or at a sentencing hearing. After a bail bond is set, you have the ability to ask the court to adjust your bail. If you believe your bail is set too high, your attorney can petition for a bail reduction.
I have successfully gotten a reasonable bail in some of the most challenging cases. Factors in Determining Bond. Chances of getting a bond reduction calculator. Sample language: "Wherefore, Defendant Jonah Thomas requests that this Court reduce his bail and order him released on his own recognizance. 4Listen to the prosecutor make an argument. To determine the likelihood of the defendant's appearance, judges will consider: As an example, a defendant who lives locally, owns a home in the community, has children in the local schools, and a job in the area is far less likely to flee the charges than one who lives out of state. Be cooperative: Showing that you are willing to cooperate with the court and the prosecution can also help support a lower bond.
In addition, some courts will accept credit card payments or certified checks. Committing any violation of the Illinois Criminal Code. The prosecutor gets to argue why your bail shouldn't be reduced. 20] X Research source Go to source. Factor four, the length of his residency in the community. If you are arrested you will be asked to post this standard bond amount before being released from jail. Chances of getting a bond reduction.com. The initial bond that is set is oftentimes modified subsequently by the judge. 14] X Research source Go to source Also tell the judge that you are bringing the motion because you can't afford the bail and want a reduction. Reducing Bail by Attorney Application at Arraignment. At an initial appearance, this Court set bond at $10, 000, which Defendant has not been able to post.
History of mental illness. An Alternative to a Motion to Reduce Bail or Bond. The bail agent will act as a surety (guarantor) for the bail amount if the defendant fails to appear for any required court hearings or violates other conditions of the bail. Six, his employment status, a record of employment, and his financial condition. 5Ask people to testify on your behalf. Being held in jail over the weeks or months during which your case is being resolved can have a disastrous effect on your life.
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