how to get your lawyer to get you a bond hearing if you in jail

Having an attorney at a bond hearing could mean the difference between a 50,000 bail bond versus an outright release. Although most attorneys don’t appear for a bond hearing, we do, giving you the best chance at being released. To talk to an attorney call (602) 264-5555 any time of day or night.

Full Answer

What happens at a bond hearing if you get arrested?

That’s why it’s important to hire a lawyer quickly and have the lawyer schedule a bond hearing, which is a hearing where a Judge will decide whether or not you should be released pending trial. If you get arrested, you will first appear before a Magistrate.

What happens at a first bail hearing?

During a bond hearing, a defendant has to appear in court and request that the judge allow him to be released from police custody while the criminal case is pending. It is common for the initial hearing, where the accused hears the charges, to also be a first bail bond hearing.

Why do I need a lawyer for a bond hearing?

And the sooner you have a lawyer, the sooner you’ll have a bond hearing. At the bond hearing, a Judge will decide whether or not to grant you a bond. In making this decision, the Judge will consider two main things: (1) whether or not you are a danger to the community, and (2) whether or not you are a flight risk.

What is a bail bond and how does it work?

This is when the bond amount is set by the judge to get someone out of jail. Basically, this is a crucial stage of any criminal case and when we learn the amount of money that is needed to bail someone out of jail.

What are three factors that courts consider before someone is released on bond?

Bail Application Following Pretrial Detention: When a defendant moves for release on bail following pretrial detention, the court must consider three factors: "(1) the length of the pretrial detention; (2) the extent to which the prosecution is responsible for the delay of the trial; and (3) the strength of the ...

How long does it take for a bond to appear?

Once the motion is filed in the Superior Court, the bond hearing usually takes place within about 10 days. At that hearing, the defendant will appear with his or her lawyer.

How long does it take to get a bond hearing in Texas?

For misdemeanors, the PC hearing must take place within 24 hours. For felonies, the PC hearing must take place within 48 hours. If these deadlines pass without you having a PC hearing, the public defender will notice and move to have you released on a PR bond.

How long can you be held without bond in Georgia?

within 90 daysBy law, a defendant who has been denied bond is entitled to have his or her case presented to the grand jury within 90 days from the arrest date. Furthermore, if you cannot make bond, you will be granted a hearing after 90 days to readdress the bond 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 without seeing a judge?

As a general rule: If you're placed in custody, your "speedy trial" rights typically require the prosecutor to decide charges within 72 hours. Many states adhere to this 72-hour limit. Sometimes, no charges are filed, and you will be released.

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 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.

What happens during a bond hearing in Texas?

Bail/Bond Hearing in Dallas Depending on the alleged offense, as well as the alleged offender's criminal history, the judge will determine whether or not to grant the defendant bail. If bail is denied, the defendant will remain in custody until the conclusion of his or her case.

How long can you be held in jail without charges in Georgia?

In order to hold you for longer than 72 hours (not including weekends or holidays), the prosecuting attorney's office must file criminal charges. They have up to 72 hours to file charges on people detained in jail by the police | judge, or a person must be released.

How long can a felony charge be pending in Georgia?

General Statutes of Limitation for Felonies The crime of rape must be charged within 15 years. Charges for all other serious felonies punishable by death or life imprisonment must be brought within 7 years and all other felonies must be brought within 4 years.

Why would bond not be set?

When a person has been arrested, and his or her status is listed as “no bond,” it means one of two things: No bond has been set yet because there has not been a bond hearing; or. The judge has decided that the defendant should be held without bond.

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...

How long does it take to get a bail bond hearing?

Typically, if bail bond hearing and arraignment are done at the same time, it must be within 48 to 72 hours after the accused has been arrested, although this may vary sometimes.

What happens at a bond hearing?

During a bond hearing, the defense attorneys ask for their clients to be released, placing either their word or a dollar amount up as a bond. The lawyers will argue their case presenting evidence. The prosecution is present at the hearing and will agree with the request, deny it, or have an alternative proposal.

What is a bond hearing?

During a bond hearing, a defendant has to appear in court and request that the judge allow him to be released from police custody while the criminal case is pending. It is common for the initial hearing, where the accused hears the charges, to also be a first bail bond hearing. This is known as an “arraignment”.

What is the burden of proof in bail hearings?

Uniquely, during a bail hearing, the accused carries the burden of proof. Judges make decisions based on the proof that the defendant presents, but they also look at the charges, whether the defendant has a past criminal history, has close ties to the community and family, and his or her financial resources and financial situation.

Why can't a defendant be held without bail?

The risk the defendant poses to the community. It is possible for defendants to be held without bail if the judge feels they pose a threat to the community. In many cases, this is because someone is held on a federal crime, or because they have previously absconded.

What are the possible outcomes of bail?

Possible Bail Outcomes. It is generally hoped, at least by the defendant, that the court will approve the bail request in full. In most cases where this happens, the prosecution would also be in agreement.

How much bail is a felony?

In most cases, a felony offense carries a bail five to ten times higher than a misdemeanor. Furthermore, there is more to bail than just a dollar amount. Judges usually also have various conditions and restrictions, one of which is generally a curfew. Other restrictions include:

How long does it take to bail someone out of jail?

Bailing someone out of jail can be a scary process. Once someone has been arrested, they must appear in front of a judge within 24 hours of the arrest, if this does not occur with 24 hours of an arrest, then you must be immediately released from custody.

What to do if you don't have an attorney at your initial appearance?

The ideal situation would be to have an attorney at the initial appearance to get you the best condition of release possible. If you did not have an attorney at your initial appearance, you could have an attorney file a motion to modify the conditions of release , asking the judge to lower the bond . A huge mistake is to spend limited resources ...

What happens if a friend fails to follow the terms of release?

If your friend or loved one fails to follow the terms of release, the court revokes the bond. You lose your money. And this will result in your friend or loved one going back to jail until trial.

What is secured appearance bond?

What does that mean? A secured appearance bond requires you to post 10% plus collateral. In the above example, that would be $5000, plus a deed to property or a title to a car equal to $50,000 in value. If the bond is a $50,000 cash bond, collateral cannot be used.

Can you use collateral on a bail bond?

If the bond is a $50,000 cash bond, collateral cannot be used. The amount of $50,000 would have to be posted to get someone out of jail. If you put up money for a bail bond, you are responsible for repaying it. You are also responsible for that person to follow the rules of the bail situation.

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 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 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.

Why is a person denied a bond?

You are not guilty just because you are charged with a crime. However, other reasons to be denied a bond is that a person was already out on bond (on a separate charge) or this was an arrest for an alleged violation of the bond and/or probation or other...

Can you get a bond if you are already out on a felony?

Whether the person can get a bond depends on a few things, such as whether the allegation is one that eligible for a bond. It also depends on whether the person was already out on a felony bond, or if MDOC has a hold on him.#N#More

What happens when you ask for a new lawyer?

At a hearing in which you ask for a new lawyer, the courtroom is typically closed to all but the judge, the defendant, and the appointed lawyer, and the record of the proceeding will be sealed. This means that neither the prosecutor nor the public will have access to a transcript of the proceeding.

What to do if you can't solve a problem without a court?

If you are unable to solve the problem without judicial intervention, you may ask the court for a hearing to request new counsel. You can normally make this hearing request directly to the court, but if you tell your current counsel of your wish to have this hearing, your lawyer would have an obligation to notify the court.

What happens when a defendant presents his grievance?

The defendant presents his grievance, the defendant’s lawyer responds, and the judge normally asks questions to clarify the dispute. The judge will attempt to resolve the disagreement without having to appoint a new lawyer. If you seek a hearing, you must be prepared with organized and specific reasons.

What are the reasons for seeking a new counsel hearing?

If you seek a hearing, you must be prepared with organized and specific reasons. Successful arguments for new counsel generally involve a significant lack of communication, failure to investigate key evidence, and failure to make valid legal arguments. Remember that your “opponent” in this hearing will be your lawyer.

What to do if you are dissatisfied with your lawyer?

If you are dissatisfied with your lawyer, your first step should be to raise your concerns in a conversation. If the problem persists and your lawyer is a public defender, you may contact the lawyer’s supervisor. In rare cases, the supervisor may assign a different public defender. This would be done without court intervention.

Which amendment guarantees the right to legal counsel in all felony cases?

Updated: Dec 15th, 2020. The Sixth Amendment guarantees the right to the assistance of legal counsel in all felony cases. If a person does not have the financial means to hire an attorney, courts will appoint a lawyer free of charge in all cases, including misdemeanors, that have the possibility of incarceration.

When claiming a lack of investigation, what should you focus on?

When claiming a lack of investigation, focus on the evidence that you want your lawyer to track down and how it might be helpful to your defense. To the extent possible, avoid giving your own version of events and your interpretation of the alleged criminal conduct.

What Happens During A Bond Hearing?

• During a bond hearing, the defense attorneys ask for their clients to be released, placing either their word or a dollar amount up as a bond. The lawyers will argue their case presenting evidence. The prosecution is present at the hearing and will agree with the request, deny it, or have an alternative proposal. The judge will then make a final dec...

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How Bail Is Set

During The Bail Hearing

Possible Bail Outcomes