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What Is A Bond Hearing And How Does It Work?

June 23, 2020 Federal Criminal Attorneys

For most people, the term bail is something that has been heard on episodes of a favorite crime procedural drama on the TV. However, if an individual is arrested on federal or state charges they will usually look to have their bond hearing heard at the earliest possible opportunity to get out of jail. There are a few differences between the states in terms of the bond, such as the Californian system that eliminated cash bail and replaced it with a risk assessment system.

What is a Bail Bond?

There is a simple answer to the question of what is a bail bond that is it is a set amount of money provided to a court to secure the freedom of an arrested person. The bail bond system has been in place for centuries and is basic security given in the monetary form that is refunded to the provider when the individual arrives for their court date.

As the years have moved on, the issues surrounding bail bonds have changed and come to revolve around the flight risk offered by an individual. The general rule of thumb is the severity of the crime a person has been charged with has an impact on the level of bail the court sets. If an individual provides bail and does not return for their court date, the money used as surety for their return is lost.

What is a Bond Hearing?

When an individual is arrested for a crime, their first thought is usually to secure their freedom as quickly as possible. A bond hearing is the first step needed to be taken if a person is charged with a crime to make sure they are released from jail as quickly as possible. An attorney will be able to schedule a bond hearing and help to secure the release of the arrested person as quickly as possible.

A bond hearing usually takes place when the arrested person is placed before a judge or magistrate to hear the case against them and make decisions about their immediate future. The prosecutor could ask for the arrested person to be held in jail until their trial date, at which time the issue of bond will be raised in most states. In most areas, the bond hearing will form part of the arraignment. However, in other areas, the bail hearing will only take place at certain times of each week, but generally happen every 48 to 72 hours after an arrest takes place.

Who Attends A Bond Hearing?

To secure release from jail as quickly as possible, the best option is to contact a lawyer who can schedule a hearing and argue the case for the individual. The arrested person will attend the hearing in person or via video link along with their attorney who can then look to argue the reasons why they should be permitted to go free until the time of their trial.

One of the most important parts of the bond hearing is answering the questions of whether the arrested person poses a threat to the community or is a flight risk. One of the ways an arrested person can prove they are not at risk of fleeing the area is to provide witnesses who can prove they have links to the area. Family, employers, and other community members can all provide evidence that a person will not be at risk of taking flight before their trial takes place.

Setting Bail

When discussing bail most people tend to think about the monetary value of the amount required to secure release. There is usually a bail schedule used by a judge to set a fair amount of bail agreed upon by the state or federal authorities and used as a guideline for each case.

Along with the decision to set a monetary value on the level of bail set, there could be restrictions placed on the bailed person. These conditions can include their inability to use drugs or alcohol while out on bail or to possess firearms. Certain restrictions could be put in place that ban the individual from having contact with any other person involved in the court proceedings.

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