A bond hearing will determine the conditions of your release after your arrest and before your criminal trial commences. A judge may impose a hefty bail amount or impose stringent conditions on your release. That is why it is important to seek the dedicated legal counsel of experienced criminal defense attorney Ron Herman as soon as possible. Criminal proceedings start at arrest, sometimes even before, and the consequences for you are immediate. Herman Law, P.A. is here to protect your interests right from the start.
What Happens at a Bond Hearing?
Once arrested, a person not charged with a capital crime or violating probation, is typically entitled to bond. Bond is generally set according to a local bond schedule. You have the right to appear in front of a judge within 24 hours of being arrested. This is referred to as the First Appearance or Initial Appearance. At this time, the judge will decide whether enough proof exists to substantiate probable cause. The judge may also lower or raise bond that was established at booking.
Any motion to reduce or set bond may be heard at the First Appearance or may be heard at a separate hearing depending on the judge’s discretion. At a bond hearing, the judge will set conditions to which you must agree to prior to being released from jail. Conditions of bond may include:
- Posting a monetary amount
- Agreeing to wearing a GPS ankle monitor
- Agreeing to not contacting the victim
When setting the conditions for pretrial release, the judge will weigh a variety of factors which all aid in the determination as to the likelihood of you complying with the conditions and showing up in court for all required court dates. In setting bond, the judge will consider:
- The nature and seriousness of the criminal charges
- Mental condition
- Source of funds to post bail
- Whether you are a threat to the victim or community
- Whether you have a criminal record
- Whether you have complied with bail terms in the past
- Your ties to the community
Community ties can include things like having family in the area, working in the area, and having lived in the area for longer amounts of time. The judge may be interested in whether there is a responsible person in the community who could vouch for your commitment to appear in court.
If the terms of bond set by the judge are overly stringent or the bail amount is not something you can meet, you can file a motion to reduce your bail, but know that there is no right to multiple bond hearings and they may only occur if there has been a significant change in circumstances. Hiring a skilled criminal defense attorney earlier on can help you get more favorable terms of pretrial release so there will be no need to have further hearings to modify bail, etc.
Know that if you violate the conditions of your bond, the court can and will arrest you.
Committed to Fighting Your Criminal Charge Right from the Start.
The criminal legal process can move fast and be overwhelming. Any misstep can carry serious consequences for you. Contact Herman Law, P.A. right away. Dedicated criminal defense attorney Ron Herman is ready to fight for you and will do so within every inch of the law.