how a lawyer request for bond reduction

one bond reduction hearing is almost always granted. this must be requested in writing with notice to the DA prior to the date of the hearing. the attorney is the best person to request and conduct the hearing - likelihood of conviction is an issue at the hearing, as are likelihood that suspect will show up on bond, safety of community and other issues because you might only get one chance, do not set this without being prepared

Full Answer

How do I get a bond reduction in my case?

The first step in seeking a bond reduction is to work with your criminal defense attorney to file a motion—typically a “motion for bond reduction” or “writ of habeas corpus”—to lower the bail. You and your attorney may also need to file additional motions to continue to lower the bail to a reasonable amount; for example,...

When can a lawyer file a motion for reduction in bond?

“When can a lawyer file a Motion for Reduction in Bond?” A Motion to Reduce Bond can be filed anytime, even before you go to court. A defendant can file a Motion to Reduce Bond in a felony and a misdemeanor case.

Can a defendant request a witness at a bond reduction hearing?

As such, a defendant should think carefully about the evidence and witnesses he wants and needs to present at a bond reduction hearing. Instead of the defendant taking the stand and opening up to harmful admissions, a defendant may request a relative or friend to testify on his behalf.

What happens if the prosecutor agrees to a reduced bond?

Before a prosecutor agrees to a reduced bond, they would want assurances that the defendant will not commit new crimes and return to court for future hearings. If a lawyer is known and respected, the prosecution may trust that lawyer’s representations and give the defendant the benefit of the doubt.

How do you lower a bond?

Defendant's Request to Reduce Bail The constitutional protections, as well as the Bail Reform Act (a federal statute), give a defendant the right to request lower bail when the amount initially set by the court is too high to pay. A defendant can request a hearing to seek a bail reduction.

How can I lower my bond in Texas?

Bond Reduction Requirements and Hearing Texas requires a court to lower bail when a defendant has been held in jail for 90 days or more without an indictment. In exchange for a bond reduction, you can suggest certain conditions like electronic monitoring. This signals to the court that you won't flee before your trial.

What is MF bond reduction?

Motions for Bond Reductions are filed in Court when a person can't afford to get out of jail. Hiring a private criminal defense attorney may get you a court hearing quicker. It's a hearing where your lawyer asks the judge for a lower bond amount.

How do I file a bond reduction in Louisiana?

Yes, bail reductions must be approved by the judge. To get that done, you need to hire a criminal defense attorney to contact the judge. The judge will need a good reason to reduce the bail amount since he is likely the one who already looked at the case and set the bail at that amount.

How long do you stay in jail if you can't make bail?

At most, you will likely have to spend a month or two in jail before your court date. In short, the court is required to schedule trials in a timely manner after discussing the case with prosecutors and the defense.

How long can you be held in jail before trial in Texas?

If you've been arrested for a felony offense, the court has 90 days to prepare and begin your trial.

When may the accused move for the amount of bail to be reduced?

1:f! hen amount of bail may be reduced. - If the accused does not have the financial ability to post the amount of bail that the court initially fixed, he may move for its reduction, submitting for that purpose such documents or affidavits as may warrant the reduction he seeks.

When can a bail be forfeited?

If the defendant fails to appear as required, the bond is declared forfeited and the bondsmen are given thirty days within which to produce their principal and to show cause why a judgment should not be rendered against them for the amount of their bond.

What does no bond mean in jail?

Related Definitions No bond status means a person cannot be released from jail by paying bail unless a judge later sets bail.

How long can you be held without bond in Louisiana?

If you arrested for a misdemeanor and unable to post bond, the State has 45 days to formally charge you with a crime. The State has 60 days to formally charge you with a felony unless the crime is punishable by death or life in prison without parole. Then, the state has 120 days to formally charge you.

Can you bail yourself out of jail in Louisiana?

In some situations, the judge may allow the defendant to bail out of jail on his own recognizance without having to post a bond. You may post the entire cash bond yourself at the jail. After the case has concluded, you should be entitled to all the money you put up. You ensure the defendant will appear in court.

Do you get bond money back in Louisiana?

If the defendant shows up for their court date, the bondsman gets back the entire amount of the bail. The inmate won't get any money back since the 10% premium is payment for the bail bondsman's services. If the inmate fails to show up, all financial obligations to the bonds agency fall on the defendant.

What happens if a prosecutor agrees to a reduced bond?

Before a prosecutor agrees to a reduced bond, they would want assurances that the defendant will not commit new crimes and return to court for future hearings. If a lawyer is known and respected, the prosecution may trust that lawyer’s representations and give the defendant the benefit of the doubt.

What is a bond reduction in federal court?

Bond Reductions in Federal Court. In federal court, the process is a bit more complicated than the state process. If a federal defendant is denied bail, the Motion to Reduce Bond is called a Motion to Revoke Detention Order. Federal judges can be tough on bond motions, and the U.S. Attorney’s office routinely objects to any request for ...

How to get bond or bail reduced?

Generally, the way the defendant can request a lower bond and release from jail is by motion. A motion is a formal request directed to the judge requesting an order for one thing or another. To get the bond amount reduced, the defendant would file a Motion to Reduce Bond (or a Motion to Reduce Bail). Although seeking a bond reduction might be less challenging with a defendant who self-surrenders, it is also possible with a defendant who has been arrested on a warrant.

What happens after a motion is set for a hearing?

Following the hearing, the judge decides whether the bond or bail will be reduced or modified. An oral motion is typically less formal than a written motion.

What is an alternative to a motion to reduce bail?

In some courts, the judge may agree to a bond reduction if the defense and the prosecution agree. An agreement between lawyers is called a “stipulation.”.

What is a motion to reduce bond?

A motion is a formal request directed to the judge requesting an order for one thing or another. To get the bond amount reduced, the defendant would file a Motion to Reduce Bond (or a Motion to Reduce Bail).

What is a bail reduction agreement?

A lawyer presents a deal for a bail reduction with a stipulated order spelling out the agreed-upon bond. A judge may accept the stipulation and sign the order, or he or she may require the prosecution and defense lawyer to appear in court and explain the reasons for modifying the bond.

What are the steps involved in obtaining a bond reduction?

The procedural steps involved in obtaining a bond reduction typically include: Filing the motion, which includes , at a minimum, a statement summarizing the current bail amount, the nature of the charges, and an explanation of why the defendant cannot make bail;

How to get a bail reduction?

The first step in seeking a bond reduction is to work with your criminal defense attorney to file a motion—typically a “motion for bond reduction” or “writ of habeas corpus”—to lower the bail. You and your attorney may also need to file additional motions to continue to lower the bail to a reasonable amount; for example, 10 percent of the original amount in order to ensure that you are able to get out of jail. Whether or not a judge approves additional bail reductions depends upon the circumstances of the case and prosecutor’s actions.

How to reduce bail?

The procedural steps involved in obtaining a bond reduction typically include: 1 Filing the motion, which includes, at a minimum, a statement summarizing the current bail amount, the nature of the charges, and an explanation of why the defendant cannot make bail; 2 Possibly including prior findings in order to support your statement of indigency, such as any court orders appointing counsel due to the defendant’s financial circumstances, bank records, copies of payroll, etc.; 3 Contacting the court to set a hearing date once filed, as well as strategizing, with your attorney, on what evidence you want to introduce at the hearing.

What to present at bond reduction hearing?

It cannot be emphasized enough just how important it is for you and your attorney to come up with a very specific strategy as to what you want to present at your bond reduction hearing. Your attorney will likely advise you not to take the stand, but if you do, it is especially important that you have a specific strategy in mind as to what you want to present and discuss. Oftentimes, defendants will ask friends or relatives to testify on their behalf, and introduce records such as bank statements to support the contention that they do not have the funds to post the current bond amount.

Can you reduce a bond in Texas?

Keep in mind that an inability to pay is not always enough for a bond reduction; in Texas, you must also demonstrate that you have made some effort to post the current bond, and one option to demonstrate this is to rely on the testimony of your friend or relative, or even the bondsmen.

Do defendants ask friends to testify?

Oftentimes, defendants will ask friends or relatives to testify on their behalf, and introduce records such as bank statements to support the contention that they do not have the funds to post the current bond amount.

What is a bond reduction hearing?

While it is less formal than an actual trial, a bond reduction hearing is presented to a judge with facts and evidence. The defendant may speak on his own behalf or may ask a family member or friend to do so. The defendant may also show evidence such as bank records, payroll stubs, and tax records to show why he, or she, does not have the funds available to post bail. They should also be able to list the bondsmen they have asked for help, but who would not be willing to supply that amount of bail.

Is it a good idea to ask for bail reduction?

While someone may feel that asking for a bail reduction is a good idea, it may not be . Appearing in court with the prosecutor and the judge before a trial may be risky. It could bring more attention to facts the defendant may not have intended to share. While the judge may rule in the defendant’s favor and reduce the bail amount, the hearing may have also provided more fuel for the prosecution for when the actual trial begins.

What should a defendant do when a bond is reduced?

The defendant should map out the strategy about the evidence they should present to the court for consideration to have the bond reduced. The defendant should not present evidence that can otherwise backfire on their application for bail reduction.

How much does it cost to get a bail bond?

When you choose the option of seeking a bond from a bondsman, you should know that they charge a 10 % fee to your bail amount. To get your loved one out of prison, you will need to pay that 10% fee to the bondsman, but this can still be too much for people. To get a good deal, you can talk to your criminal defense attorney to get what is commonly referred to as “attorney referred bond.” This type of bond typically lowers your bail bond fee to 8% instead of the usual 10 % charged by the bondsman. It is crucial to engage an attorney to handle your bail bond application since they have experience in dealing with such cases.

How to show that you cannot pay bail?

Once the defendant has initiated a bond reduction hearing, they should present satisfactory evidence to the court that they cannot pay the bail. For instance, the accused can provide business records, payroll, copies of tax as well as bank records to show that they cannot meet the bail requirements at that particular time. However, the defendant should also show that they have made an effort to pay the bail but only that they are hard-pressed. If you are faced with such a scenario, you can ask a trusted friend or family member to testify on your behalf about the number of bondsmen that you have tried to engage to assist you in paying your bail.

What is a motion for a hearing?

Depending on the jurisdiction, a motion for a hearing is set when the defendant files the bond reduction motion. However, the onus is on the defendant to furnish the court with relevant information such as the nature of the case, the bail amount, and a statement showing their inability to pay the bond. The court provides an order appointing counsel ...

What happens when a judge is satisfied that you will not abscond your trial?

When the judge is satisfied that you will not abscond your trial, they can lower your bail so that you can be tried from home. 4. Circumstances Surrounding Your Arrest. In some instances, the circumstances that surround your arrest can determine whether you should post bail or not.

What to do if you can't raise bail?

When you realize that you cannot raise the bail amount set by the judge, it is important to talk to a criminal defense attorney before you contact the bondsman.

What to do before posting bail?

image source: pexels.com. Before you post bail for your loved one, it is a good idea to wait for their first court appearance also known as an arraignment. Chances are high that your criminal defense lawyer can try to convince the judge to lower the bail during your first court hearing.

Get Out of Jail as Quickly as Possible

At The Law Office of Corey I. Cohen & Associates, we have helped a significant number of clients with bond hearings and bond reduction matters from our office in Orlando, Florida.

How Can Our Lawyer Help at the Bond Hearing?

With one of our credible, skilled lawyers at your bond hearing, the judge generally takes your bond request more seriously. Since you are paying an attorney, it is assumed that you are not as likely to flee.

Was Your Arrest Due to Probation Violation?

We can usually resolve most probation violations at a bond hearing. We can call on witnesses, including family, friends and employers, to detail your contributions to the community and to your family.

Contact The Law Office of Corey I. Cohen & Associates for a Free Initial Consultation Regarding Your Bond Reduction

We give every bond hearing client a free, confidential initial consultation. Se habla español. We accept credit cards, and offer reasonable rates and flexible payment options. We return phone calls promptly.

What happens if you can't make bail?

If you can't make bail, are you stuck in jail until trial? Not necessarily. There are constitutional and other limits on how much bail a court can impose on a defendant. You might be able to argue for a bail reduction.

What is the Supreme Court ruling on bail?

The Supreme Court has noted that bail and the refusal to set bail also implicate the right to due process found in the Fifth and Fourteenth Amendments to the Constitution. As a result, the Supreme Court has held that a judge must provide a "compelling governmental interest" for keeping a defendant in jail pending trial (in other words, refusing to set bail). ( United States v. Salerno, 481 U.S. 739, 754-55 (1987).)

What is excessive bail?

But the U.S. Supreme Court has weighed in on what it means, holding that bail cannot be set so high as to be a ploy to force a defendant to remain in jail. However, the Court has also ruled that the Eighth Amendment's bar on excessive bail does not create a right to any bail—a court may refuse to release a defendant under certain circumstances.

What is bail based on?

Typically, bail is an amount set by a court based on: the severity of the alleged crime, whether the defendant poses a flight risk if released, and. whether the defendant poses a risk to the community if released.

What are the conditions for bail?

Other conditions include travel restrictions, passport relinquishment, drug testing, electronic monitoring devices (ankle bracelets), house arrest, supervision and reporting during release, and others.

Is bail set at a level that the defendant can easily pay?

Although the court must take this argument into consideration, it is not required to set bail at a level that the defendant can easily pay. Courts can set bail high enough "to induce a defendant to go to great lengths to raise the funds without violating" the constitution or the Bail Reform Act. ( United States v.

Is excessive bail a constitutional right?

The term "excessive bail" is not defined in the Constitution. But the U.S. Supreme Court has weighed in on what it means, holding that bail cannot be set so high as to be a ploy to force a defendant to remain in jail.

How to get bail reduced?

In order to get the bail reduced, a defense attorney should do the following: 1 Demonstrate the potential crime is not one that the defendant would do again. 2 Demonstrate the defendant is not a danger to the community. 3 Demonstrate the defendant presents no likelihood to flee.

What does a defense attorney need to present?

What you need: The defense attorney can present this in various ways: Character references. Community support. Stable employment history. Memberships in religious or civic organizations.

Presentment of Evidence at Bond Reduction Hearing

• The bond reduction hearing is not as formal as a jury trial. However, the same rules of etiquette, evidence, and procedure apply. A defendant can present evidence as long as it is in proper form and complies with rules of admission. Even though it is not as formal, a bond reduction hearing …

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Steps to Filing & Obtaining Bond Reduction

• The procedural steps involved in obtaining a bond reduction typically include: 1. Filing the motion, which includes, at a minimum, a statement summarizing the current bail amount, the nature of the charges, and an explanation of why the defendant cannot make bail; 2. Possibly including prior findings in order to support your statement of indigency,...

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