how can your lawyer bring down your bail bond

5 Tips on How to Reduce the Amount of Bond Set by the Judge

1. Call Your Experienced Criminal Defense Lawyer. When you realize that you cannot raise the bail amount set by the...
2. Bondsman Fees. When you choose the option of seeking a bond from a bondsman, you should know that they charge a 10 %...
3. Wait for First Court Hearing. Before you post bail for your loved...

Full Answer

How do I get my bail bond reduced?

If you want to reduce your bail, then you need to file a document with the court (called a “motion”) and then prepare for the hearing. Know what to expect. Most jails have a bail schedule which specifies bail amounts for common crimes. If you want your bail reduced, however, you will need to ask a judge to lower it.

Should I use an attorney or a bondsman for my bail?

Attorney bonds are also able to streamline your case. When you have your attorney work on your bail from the start, you will be released sooner than when you work with a bondsman.

Do I need a lawyer to reduce my bail?

As a criminal defendant, you should have a lawyer who can represent you. A lawyer will understand what factors a judge considers most important when deciding whether to reduce bail. Also, many judges take arguments more seriously when they are made by a lawyer.

How do I get a lawyer to hold my bond?

Your lawyer will need to file paperwork with the court which states that they are going to be acting as your attorney. It is important to note that the lawyer who holds your bond does not have to be the only one working on your case, but will need to be involved in some way other than holding the bond.

How do you reduce bond amount?

Generally, the defendant can request a lower bond and release from jail 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).

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.

How do I get around a cash only bond?

If a defendant needs to post a cash-only bond, there are a few ways to get this done. A family member can post it, the defendant can post it, or a third party can post it. There are some bail bond agencies that work with cash-only bonds. In some cases, it is preferred to work with a bail bond agency.

How can I get my bail reduced in California?

California law also permits courts to reduce bail following a change in circumstances. Specifically, Penal Code § 1289 authorizes a court to reduce the bail if good cause is shown. succeeds in having some charges dismissed, he or she may also be able to reduce your bail.

What is motion to reduce bail?

The Department of Justice comes out with and periodically updates its schedule of recommended bail depending on the offense involved. If the accused cannot afford the bail, he or she can file a motion to reduce the bail, which the judge may grant depending on good cause shown.

How long can jail hold you after bond is posted in Texas?

It depends on the jurisdiction. A person can technically and legally be held for up to 72 hours for investigative purposes, but charges in Harris County are usually filed within 8-12 hours from time of arrest. It could be longer in complex cases.

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.

What's the difference between bail and bond?

Bail is the money a defendant must pay in order to get out of jail. A bond is posted on a defendant's behalf, usually by a bail bond company, to secure his or her release. Defendants with pending warrants are usually not eligible for bail.

Does bond have to be paid in cash?

For cash-only bonds, the defendant will only be released from custody after the full amount is paid. You can typically pay with actual cash or using a secure payment type, such as a debit or credit card. Most jurisdictions will only accept payment of the exact amount, and if you pay in cash, change will not be issued.

Can bail be dropped?

Your case can be dropped while you're on bail. If you are bailed without charge, called 'pre-charge bail' this means that you will have to appear at a police station at a later date. This is so that the police can look over the evidence and decide whether or not to charge you.

Can you be out on bail without being charged?

Understanding Police Bail Defendants that are bailed from a police station without charge are released with the requirement to return at a later date for a charging decision.

Can you go to jail for not paying bail bonds in California?

Can you go to jail for not paying bail bonds? The answer is yes. If you don't hold up your end of the bargain, the bond company can remand you back into custody.

Revoking Bail - Back to Jail

If a defendant "jumps bail" or fails to appear, bail will be revoked. At that point, the defendant has lost the right to be free before trial. The...

Bail Revocation Process in Federal Court

Both federal and state courts have procedures for revoking bail. In federal court, the Bail Reform Act of 1984 controls the process. If a defendant...

Bail Revocation Process in State Courts

State laws vary as to the bail revocation process. Nevertheless, all state laws allow for revocation of bail if a defendant violates a condition of...

Getting Bail Reinstated: "Remission"

Even after bond has been forfeited, it's still possible to have it set aside through "remission." A bail remission motion is a request to refund mo...

Questions For Your Attorney

1. If a defendant is on bail for a federal drug offense, gets charged with a state drug offense and has his federal bail revoked, can he get bail f...

What happens when a bail bond is revoked?

When a defendant's bail is revoked, the court's next step is to forfeit the bail bond. In other words, any money or property put up to secure the defendant's release is turned over to the court. In most states, procedures for bond forfeiture are set by law. An entry of a forfeiture order is usually mandatory.

What happens if a defendant violates bail?

This freedom comes with a lot of strings attached: If a defendant violates bail conditions, fails to show up in court, or gets arrested again, the judge can revoke the defendant's bail and put the defendant back in custody. After revocation comes forfeiture of the bail money or bond. So, the defendant loses his freedom and might possibly lose his ...

What happens after a bail revocation?

After revocation comes forfeiture of the bail money or bond. So, the defendant loses his freedom and might possibly lose his money. If a defendant's violation is explainable, there's a chance that forfeiture can be set aside.

What is the process of revocation of bail?

In federal court, the Bail Reform Act of 1984 controls the process. If a defendant commits a crime while out on bail, there's a presumption that no conditions of release can keep the community safe.

Why do bail bondsmen go to great lengths?

Bail bondsmen and their employees sometimes go to great lengths to bring in an absconding defendant, because if they can't, they will end up paying the court the required bail. Some state laws give the defendant or bail bondsman a chance to explain the reason for the violation and possibly avoid the forfeiture.

How does bail reform work?

In federal court, the Bail Reform Act of 1984 controls the process. If a defendant commits a crime while out on bail, there's a presumption that no conditions of release can keep the community safe. The defendant is given an opportunity to rebut or overcome the presumption, but he does not get a full-blown trial. It's up to the judge to decide whether to revoke bail completely or impose new or additional conditions of release.

How long does it take to get a bail remission?

Generally, these motions must be filed within a certain time, such as one year, from the date of forfeiture. Whether to grant relief from a forfeiture is usually within the trial court's discretion.

What to do if you get a bad bail ruling?

If you get an unfavorable ruling in regards to your bail, you can file a motion to get bail reduced. If you file a motion for reduced bail, this will be addressed at a second arraignment or a special bail hearing.

How to reduce bail?

Before asking the judge to reduce your bail, you should figure out what you can afford. Pool all available resources and figure out what is the most you can post. You can often post a “bond” for the amount of the bail. To get the bond, you pay 10% of the amount of the bond.

How long does it take to get a bail reduced?

If you want your bail reduced, however, you will need to ask a judge to lower it. Your first arraignment usually takes place within 24 to 48 hours of the arrest.

How to represent yourself in jail?

If you intend to represent yourself, then you need to make sure that you have enough money while in jail. You will end up paying money for postage, copying fees, filing fees, and other expenses. Schedule a hearing. You will need to schedule a hearing for the judge to consider your bail reduction.

What is bail in jail?

This article has been viewed 36,485 times. “Bail” is typically the amount of money you have to post in order to be released from jail as you await your trial. For example, if you are charged with robbery, then the judge might set bail for $10,000. You will need to either post a bond or pay that amount of money into the court.

How to file a motion in court?

File the motion with the court clerk. You have to get your motion to the clerk after you complete it. Generally, you should be able to mail the motion to the court clerk. If you are in jail, talk to whoever is in charge. Tell them you want to file a motion.

What do you need to submit to a hearing?

At the hearing, you need to submit evidence in support of your argument. For example, you can submit pay stubs, letters, and tax records; however, you might also testify. Before agreeing to testify, you should weigh the pros and cons: You might testify if you can’t find documentary evidence to prove some point.

What happens when you sign a bail bond?

When you sign a contract for a bail bond, you become completely responsible for the defendant. This contract is legal and binding, and it is not something that should be done in a moment of panic. You need to consider the ramifications of what the defendant might do under stress and what the consequences for you will be if that happens.

What happens if you don't have collateral for bail?

If the individual does not have enough collateral for the bail bond, then they can ask for some help from a close friend or family member. An indemnitor is a person who arranges for the bail and actually signs the contract.

What is sanctuary bail bond?

Sanctuary Bail Bonds is available all day and night, every day to help you arrange bail for your loved ones. We service the Phoenix, Arizona areas and work hard to make sure your bail bonds are posted quickly and discreetly.

What happens if a defendant is let out of prison?

It is like insurance to the magistrate that if the defendant is let out of prison, they will show up for their court appearance. . In order to sign the contract, there needs to be some assurance that the money will actually be paid if the defendant doesn’t show up.

What happens if you miss a court date?

If they do miss a court date, you will have to pay fees. Fees may include payment for a recovery agent to locate them. If the defendant does more than just miss a court date and disappears completely, then you will be liable for the entire sum of the bail.

Can you get out of a bail bond contract?

Once you sign the contract, there is not a way to get out of it, even if it is ruining you financially or you tried to get the defendant to their court dates to the best of your abilities. The only way to be removed from a bail bond contract is if the bail bondsman cancels it for you. This is not common and is very unlikely to happen.

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.

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 ...

How long do you have to post bail after being arrested?

Criminal charges should be filed within the mandatory time of two court days after you have been arrested. However, if this does not happen, the defendant is entitled to be released from holding cells without posting any bail. The accused person has a right to a fair trial, so any violation of their rights can be considered when seeking a reduction in bond fees. To succeed in this option, it is crucial to work with an experienced criminal defense lawyer. Your attorney will work with the facts surrounding a particular case which can help you save lots of money if you are exempted from paying bail bond fees.

What is the right to a fair trial?

The accused person has a right to a fair trial, so any violation of their rights can be considered when seeking a reduction in bond fees. To succeed in this option, it is crucial to work with an experienced criminal defense lawyer.

Who sets bail amount?

The judge sets the bail amount depending on the level of your case, but many people often encounter challenges in raising the required amount. When you find your loved one in that predicament, you need to engage a criminal defense attorney who can lead the proceedings in seeking to have your bail bond fees lowered.

Can you get bail while out of jail?

However, the accused or defendant has the right to apply for bail so that they can be tried while out of prison. In most cases, the bail money is usually higher than most people can afford. All the same, a defendant has the option of seeking a bond reduction if they cannot pay the full amount set by the judge.

Attorney Bonds Versus Bail Bonds

If you have been arrested for any type of crime, you could have the option of being released from jail on a bail bond. There are a lot of different types of bail bonds that you can use, but the one that usually comes to mind is a surety bond. This is where a third-party, generally a bondsman, will pay your bail and holds your bond.

What Is An Attorney Bond?

An attorney bond is like a surety bond where you will be released from jail before your trial. With this type of bond, you will pay your attorney a standard non-refundable fee which is usually 10% of your bond amount. This will be used by the attorney to secure your bail bond.

How An Attorney Bond Differs

While the process that you go through to get the bond will be the same, there are some ways in which the attorney bond will differ from your standard surety bond. The first difference is that the attorney who holds your bond will have to be the one that will represent you in court.

What is the law around pretrial release?

The law and procedure around pretrial release vary at least somewhat from state to state, but here are some of the factors defense attorneys regularly address when trying to get lower or no bail for a client: Danger to the community. The lawyer essentially argues that the defendant won't hurt anyone while out of custody.

Can a judge reconsider bail?

Also consider that judges can always reconsider bail, and may lower bail when they receive information—from an attorney—that they were previously unaware of. (For further information, see Can you appeal a judge's bail order?) Talk to a Lawyer. Start here to find criminal defense lawyers near you.

Do attorneys discuss cases with prosecutors?

In addition, attorneys normally discuss cases with prosecutors before the bail hearing, and sometimes can assure the judge that the charges are not as serious as they look on paper. Finally, the simple truth is that judges often take attorneys' arguments more seriously than those of self-represented defendants.

What is bail condition?

Bail Conditions. Bail conditions are normally designed to serve two purposes: to ensure the defendant shows up for later court hearings and to protect the community. Judges typically have lots of leeway in deciding what conditions are reasonably necessary to accomplish these purposes.

What is it called when a judge orders release from jail?

When a judge does this, it’s called release on one’s “own recognizance” (OR).

What questions should I ask a lawyer?

Questions for a Lawyer 1 Do I have the right to appeal if I disagree with the conditions of bail? 2 What happens if I violate a condition of release that turns out to be invalid? 3 Do judges ever release defendants from jail without conditions? 4 What if a condition of bail interferes with my work or school? 5 What if I can’t afford to pay for an IID or some other bail condition?

What are the conditions for a defendant to be arrested?

But some of the more common conditions require defendants to: obey all laws. refrain from drug and alcohol use and participate in testing. not possess any weapons. stay away from certain places or people. maintain or seek employment. follow a curfew, and. comply with specific travel restrictions.

What is the defendant's criminal history?

the defendant’s criminal history. the defendant’s physical and mental condition. seriousness and nature of the crime the defendant is accused of committing. the likelihood that the defendant will flee the jurisdiction, and. whether the defendant has a history of substance abuse. For instance, if a defendant was arrested for drunk driving ...

Is bail condition reasonable?

The law generally leaves it up to judges to decide which bail conditions are reasonable. But there are limits—bail conditions that unreasonably interfere with a defendant’s constitutional rights are invalid.

Which amendment prohibits unreasonable searches and seizures?

The Fourth Amendment to the U.S. Constitution prohibits unreasonable searches and seizures. The search condition doesn’t relate to ensuring David comes to court. And there’s no reason to think that requiring David to waive his Fourth Amendment rights is reasonably necessary for the protection of the public.

What happens if a defendant is financially unable to post bail?

If the court determines the defendant is financially unable to post bail, the court might reduce the bail amount, release the defendant O.R., or in some states, allow alternatives to paying bail (such as community service).

What happens if you can't afford bail?

If a defendant can't afford to post bail or a bail bond and is unable to get out of jail, some states allow or require a bail review hearing . At this hearing, the judge will typically consider the defendant's ability (or inability) to pay bail and examine the defendant's financial resources as well as responsibilities (such as childcare and rent).

What is the bail schedule?

A bail schedule lists standard bail amounts for common criminal charges in that jurisdiction.

What to do if you have been arrested?

If you or someone you know has been arrested, an experienced criminal defense lawyer can help secure your release and argue for favorable bail and release terms. It's important to seek legal help when facing any criminal charges or proceedings.

What is the purpose of bail?

The purpose of bail is to ensure that defendants, once released, show up for future court dates. If the defendant doesn't appear back in court at the required time, the court can keep the money or property (called bail forfeiture) and issue a warrant for the defendant's arrest. We've all seen bail play out in the movies: You get a phone call in ...

Why are people stuck in jail for months?

Stories of innocent people stuck in jail for months or years, because they can't afford bail, has placed a spotlight on how the criminal justice system can treat defendants differently based on wealth. In response, lawmakers have begun considering how to reduce the use of cash bail.

Why are judges relying on risk based assessments?

Instead, judges are relying more on risk-based assessments to determine the likelihood a defendant, if released pretrial, won't return to court (flight risk) or poses a danger to the community or a victim (public safety risk).

2 attorney answers

Most states have rules of professional conduct that prohibit potentially adverse economic relationships between attorneys and clients. Putting up bail money or signing the bail bond is essentially an extension of credit to the client.

Alec Scott Rose

RCW 19.72.020 (Individual sureties – Eligibility) provides: "Whenever any bond or recognizance is required, or permitted, by law to be made, given or filed, conditioned upon the doing or not doing of anything specified therein and to be signed by one or more persons as sureties, each of such sureties shall be a resident of this state; but no attorney-at-law, sheriff, clerk of any court of record, or other....