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If you don't have money to afford your own lawyer, then ask the court for a public defender. As former prosecutor for the State of Texas, I have a unique perspective on the viewpoint taken by judges and the district attorney's office in setting bail for various crimes, and I know how to effectively approach this type of situation. Chances of getting a bond reduction due. If the person doesn't show up – they lose the money. I have often been able to persuade the bail judge to lower bail after I present relevant information about a defendant's background to the court at the bail hearing. The judge may agree to a bond reduction in some courts if the defense and the prosecution agree.
State laws may offer more protections than federal law, and some states require judges to review bail or bond amounts if a defendant is stuck in jail due to their inability to pay. If you have an arrest warrant or have a loved one who cannot post bond or bail, call LEWIS & DICKSTEIN, P. for a Free Consultation regarding a Motion to Reduce Bond. Bond Reduction Frequently Asked Questions. Here are some strategies for getting a bond reduction: - Provide evidence of your ties to the community: If you can show that you have strong ties to the community, such as a job, a family, or a home, this can help support a lower bond. Common conditions of bond include: orders to refrain from criminal activity and drug use, avoid associating with felons, not to leave the state without prior written permission of the court, and to obey any orders of protection.
A judge will also consider the type and severity of the criminal charges levied. After the prosecutor asks a question, give your attorney time to object. Also in regards to bail, you have Constitutional rights that need to be protected. It is the policy of most District Attorneys to oppose bond reductions, but we have been able to get them to agree in some situations. Don't answer until the judge rules on the objection. You should look at any document filed and get this information. If a defendant is on bond on some offenses, but not others he may not receive back time credit for all of the offenses he is on bond for. Judges sometimes set high cash bonds when a defendant is unrepresented or represented by ineffective counsel at arraignment. I can review the circumstances of your parole or probation detention to determine if a negotiated agreement may result in your release from custody. Chances of getting a bond reduction chart. Bond reduction motions are short considering you or your loved one's freedom is at stake and judges tend to rule on these motions faster than they do trials, sentencing, or suppression motions. This motion can be based on statutory or constitutional factors. Judges must take into account the ability of the accused to afford the bail and should set it only "in the amount found necessary to assure the appearance of the defendant. 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.
The defendant should consult with an attorney regarding what evidence the defendant should provide in this hearing because it is possible that the prosecution could use this evidence against the defendant in the future. The court will also look at the nature of the crime and the relationship with the alleged victim to determine whether the defendant poses a danger to the community or the alleged victim when setting the bail amount. Although the court must take the above argument into consideration, it's not required to set bail at a level that the defendant can easily pay. How Do I Reduce My Bail in Texas. Sometimes the bail set for a defendant is unreasonably high proportional to the circumstances of their case, which means that amount should be reduced to a less oppressive level.
This is absolutely the correct action to take. Is Your Bail Too High? A judge will order "cash only" bail in cases involving high-risk offenders facing 1st-degree felony or other serious charges. Chances of getting a bond reduction in price. At an initial appearance, this Court set bond at $10, 000, which Defendant has not been able to post. Criminal defense attorneys can motion for a reduction in bail, based on the ability of a defendant to pay and other factors. Of course, each case is different, so if you or a loved one needs help, give us a call at (318) 459-9111, to talk to us about your case specifically. Before a prosecutor agrees to a reduced bond, they will want assurances that the defendant will not commit new crimes and return to court for future hearings.
Spolin Law P. C. fights to reduce or eliminate its clients' bail in the following ways…. Phone lines are open 24 hours a day at (215) 752-5282. Check to see if the court has a form you can fill out. I, § 12; Penal Code §§ 1270, 1270. The logic is that the more serious the charge, the more likely the defendant will flee. Bond Reduction Lawyer | Bond Reduction Missouri. Because ultimately these people are presumed innocent, they have not been found guilty yet, they need to be out in order to prepare for their defense so they can have a fair trial, and bond is not supposed to be a punishment. At the bond hearing, we will present evidence, the state will present evidence, and then both sides will argue to the judge.
The Penal Code also expands on how the court should analyze the California Constitution's seriousness-of-the-offense factor. The prosecutor argues that with. Negotiating Agreements for Release with the Probation Department. All have high bonds with requirements that the person paying the bond. Also make the document double-spaced. 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. The severity of the crime can either raise or lower the bail amount.
When the police arrest a person for a crime, that individual is entitled to bail unless the penalty for the offense could be life in prison or death. You don't pose a danger to the community. Bank and payroll records are typically enough to prove your need. Before asking the judge to reduce your bail, you should figure out what you can afford. For example, when a defendant is charged with a controlled-substance offense, the court must consider the amount of controlled substances involved and whether the defendant is already on bail for another alleged controlled-substance offense. The factors that help the court determine whether or not you are a danger or flight risk, along with your ability to explain the application of these factors to yourself, will decide whether or not you receive an unsecured or lower bond.
To get that scheduled with somebody at my office, you can go online to. Bond is the amount of money someone must pay to get out of jail after they have been arrested. And in that case, the court listed out seven factors to be considered by the court when determining the amount for bail in a case. After the court receives evidence and information from the defendant and the prosecution, the court will take into effect a number of factors to decide whether or not to grant the motion for a bond reduction. How do Bail Bonds Work in PA? If there were multiple defendants, then there may be more than one name. 00) with the court to be released from custody. You can start typing up your own motion by opening a blank word processing document. Other judges will not grant.
The bail amount is supposed to be set high enough that the defendant will show up to court, but not so high that it is excessive and unfair. So those are the factors for the court to consider. The defendant or his or her family members will generally not need to use the services of a bail bond company if the bail is set on a percentage basis. The State argues that this change in circumstances. In addition to the statutory factors, both the U. S. Constitution and the California Constitution prohibit excessive bails. If you can't make bail, are you stuck in jail until trial?
When you get on the stand and testify, remember the following tips:[19] X Trustworthy Source United States Department of Justice Official website of the U. S. Department of Justice Go to source. This is especially true when the bond amount that was initially decided was set automatically or was otherwise thoughtlessly determined. The most common type of bond for criminal charges in Rockford, Illinois, and the remainder of Winnebago County. Additionally, if bond is set at that hearing, there is a high likelihood that a protective order will be issued in favor of the complainant. Verification of alternate address from the complainant.