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When a person is arrested and accused of a crime, he or she may be held in custody at the police station until a bond hearing is held. Typically, a bond hearing must occur within 48 hours of arrest. At a bond hearing the accused will go before a bond court judge who will decide whether to release the person or continue to hold him or her in custody. When a person is charged in a criminal case that person may be held in jail until the case is resolved. However, a person may be released on bond.
When considering whether to release a person on bond the judge will consider the person’s prior criminal history, if any. The judge will also consider the person’s connections to the community. The more connections to the community a person has, the less likely he or she will flee the jurisdiction without appearing in court. On the other hand, if a person has no or little connections to the community, a judge may worry that if released the person may not return to court.
The judge also considers the seriousness of the crime that is alleged. The more serious the crime, the less likely the person may be to return to court. The judge will consider any other factor relevant to bond, as well. Ultimately, the court wants to make sure that if a person is released from custody, he or she will return to court, follow any pretrial conditions imposed as a condition of bond and that the person will abide by all laws while the case is pending.
An initial bond determination is usually made at the first appearance in bond court. This is a very important hearing because it determines whether the accused will be released pending a future court date or if he or she will be held in custody. In fact, this hearing is so important that recent changes to the law require that a person be represented by an attorney at this hearing. Under prior law, this hearing could be held without an attorney present. Unfortunately, without a skilled attorney to advocate on the behalf of the accused, many people remained in custody unnecessarily.
If a bond hearing occurs and a person is not released initially, an attorney may request a pretrial bond services report. When a person shows up before a judge for bond hearing after being arrested, the judge has very little information. The judge may have some indication of the person’s criminal background or lack thereof, will know the person’s name, date of birth and address and what he or she is accused of. Usually that is all of the information that the court has at an initial appearance. A pretrial bond services report is a investigation into the accused’s background to provide more information upon which to make a bond determination. The report will contain information about the person’s social, family, educational, employment and physical or mental health, as well. Armed with additional, relevant information, an attorney may use this report to have the bond determination reconsidered and to increase the likelihood that person is released on bond
Having an attorney from Harter & Schottland at an initial bond hearing is important and may substantially increase a person’s chances of being released. If a bond hearing has already occurred our attorneys may ask the judge to reconsider the bond determination.
Further, even if a judge rules that the person can be released, he or she will set certain conditions for release. Our attorneys can help to minimize the conditions of your release and secure the lowest possible bond.
We work to persuade the judge to release you from custody and to minimize the amount of bail and other conditions of your release. We often hear from family members of the accused who are looking for a reputable attorney who can respond immediately to their situation. Our attorneys protect the rights of clients accused of all types of crimes.
It is important to contact an attorney as soon as possible after a person is arrested. Many people who are arrested try to be helpful by explaining the circumstances to the authorities. Often they end up talking themselves into deeper trouble. Let us do the talking for you. You do not have to speak to the authorities without an attorney at your side. It is your Constitutional right to remain silent, and to speak with an attorney.
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