Bond and Bail Hearings

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In criminal cases, bond and bail hearings are held in pre-trial proceedings to determine if the accused is at risk of fleeing a jurisdiction and ensuring that the accused will stand trial. A judgment during the bond and bail hearing essentially places the decision to remove the accused from police custody and back into the community until the date of their trial.  Working alongside a criminal defense attorney, many individuals fare much better than those with public representation when with comes to acquiring favorable bail and bond conditions in a timely manner. The intended result is to achieve release from police or court custody until time of the trial, but there are conditions, rights, and collateral to ensure this will occur that must be handed over to the authorities. Monies or assets are deposited to the court to ensure the accused maintains their attendance of the trial and commits no further transgressions before or during the trial, as well as violates any special conditions of their bail agreement.

If you have been convicted of a crime and may need assistance with a bail and bond agreement, consult with a Criminal Defense Attorney in your area for a free case review to explore some legal remedies.

Possible Determinations at Bond and Bail Hearings

Once a defendant is determined not to be a flight risk, nor a danger to themselves or others by the court, they can be released from custody in three scenarios:

  1. Being Released on their Own Recognizance (ROR) requires the defendant’s written promise that they will appear in court for the trial and abide the ruling of the judge before and during that time. No bail amount, as far as assets or financial instruments, is set in instances of being released on one’s own recognizance.
  2. An unsecured bond is the written promise of the defendant coupled with a promise to pay a sum to the court in the case the defendant does not show for the trial.
  3. During bond and bail hearings, a secured bond requires the defendant to deposit monies or assets to the court before release can be set, with the promise that the defendant will stand trial and abide the court’s ruling. These secured assets will be forfeited if the defendant fails to appear in court.
  • In the case that a defendant cannot post their own bail to be released on their own recognizance, the defendant is required to post a portion of the find, as much as 10%, and a bondsman will offer the service of posting the balance. If a bondsman is used to secure bail and the defendant fails to appear for trial, the bondsman has the right to seek out the defendant and bring them in to stand trial, using force if necessary.

If the court determines that the accused is a possible flight risk or cannot be trusted to abide by the court’s ruling until time of trial, the defendant will be ineligible for bail pending another court appearance when the judge will re-examine the evidence against them. An Order of Show Cause can be issued after this second court appearance, ruling why release should not be denied. If the defendant violates any of the court’s judgments before or during the trial, this Order of Show Cause will be revoked and the defendant will be remanded into custody.

If you have been convicted of a crime and may need assistance with a bail and bond agreement, consult with a Criminal Defense Attorney in your area for a free case review to explore some legal remedies.
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