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When Can a Judge Attach Conditions to Bail or Deny Bail? Q: What is the purpose of bond? Stop just because you get arrested. The first step to getting a lower bail amount is filing the motion to reduce bail. So there could be conditions put on it such as ankle monitors, but generally speaking, there are constitutional rights to have bail determined so that you can be out of custody in pretrial detention unless it's a very limited exception related to the most heinous of offenses. Is Your Bail Too High? The identity of responsible members of the community who would vouch for the defendant's reliability. The best way to get a bond reduction in Fort Bend County, Texas is to hire an experienced criminal defense attorney who can negotiate on your behalf with the prosecutor and present your case to the court in the best possible light. Chances of getting a bond reduction using. Bond is the amount of money someone must pay to get out of jail after they have been arrested. At the bond hearing, we will present evidence, the state will present evidence, and then both sides will argue to the judge. Bail serves as the defendant's promise to come back to court.
The evidence of guilt – for example, if there were 10 witnesses who saw you shoot someone, that's pretty clear evidence of guilt. It's the defendant's burden to prove that the bail is excessive. The second way to post bail is for the defendant to simply deposit the full bail amount with the jailer or court.
I'm Tulsa attorney, James Wirth, and the topic of the day is what are the factors to be considered by the court when setting the amount for bail in Tulsa and for a reduction, or a change in bail, and actually goes down to a precedent from a case from the Oklahoma Court of Criminal Appeals. Often utilized and traditionally determined by the presiding criminal judge in the trial court. Even if you think your situation looks bad, it's very possible that the amount of bail set for you is far too high. Also, many judges take arguments more seriously when they are made by a lawyer. "Excessive bail shall not be required…" -Eighth Amendment. Chances of getting a bond reduction in one. Contact an Aggravated Assault Attorney for Help Getting Bail. This attitude varies by offense and having an attorney that knows whether or not the judge will allow the prosecution to cross examine the defendant on the underlying facts of a criminal case at a bond reduction hearing, and if so to what extent, is critical to success at trial. This type of bail is set by the court at a fixed amount, but the defendant is not required to post any money or any other form of security. At an initial appearance, this Court set bond at $10, 000, which Defendant has not been able to post. If a few thousand dollars is nothing to them, then that might not be enough to secure their appearance so that could be an argument for a higher bond. In my experience, the average range of bail for aggravated assault charges is between $5, 000 and $25, 000.
IMPORTANT NOTE: In some types of crimes, where victims are involved, there is a statutory notice period before a bond reduction hearing can be heard. Being held in jail over the weeks or months during which your case is being resolved can have a disastrous effect on your life. Your lawyer will make the same argument that was made in the motion. Terrorism related charges. Experienced criminal defense attorneys, like the ones at Pawuk & Pawuk, can set a court date and argue on your behalf that you need a bond reduction. In my opinion, this means that parolees accused of violating their parole should not waive their preliminary hearing. Will bond rates go up. If you win, then you may be responsible for filling out the "order" form for the judge to sign. 4Listen to the prosecutor make an argument. Once a judge or magistrate has entered an order for bond or bail at arraignment, only a court order can modify the bond. Depending on the county, the bail hearing may take place in the judge's chambers or in a courtroom in the presence of the prosecutor, probation officer, and defense counsel. Many criminal charges have standard bond amounts set by a judge. At either the bail bond hearing or on a motion to modify bail, it can be important to have a lawyer who understands what needs to be said and can aggressively fight to limit or reduce your bail bond. If, for some reason, you don't have a lawyer, then you will need to draft your own motion.
Within 24 hours, that individual will be taken before a magisterial district judge who will arraign them on the charges and set bail. Your professionalism and thoroughness is greatly admired. Call the experienced criminal law attorneys at Nickols & White, PLLC, at 817-617-7500. I am criminal defense attorney John L. Bond Reduction Frequently Asked Questions. Venza Jr., and I am dedicated to protecting your rights throughout the entirety of your case. This article discusses bail and bond reduction hearings and related issues under federal law. A seasoned attorney will know the best arguments to persuade a prosecutor to agree to a lower bond.