how to file a bond reduction motion when your attorney wont

If his lawyer is retained, he can talk to his lawyer about what the charge would be to file a motion to reduce his bond and whether and when one might be filed. If his lawyer works for a public defender's office and he is unable to reach his lawyer, he can try contacting a supervisor.

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Can a defendant file a motion to reduce a bond?

A defendant can file a Motion to Reduce Bond in a felony and a misdemeanor case. The process for filing a motion can vary drastically from court to court, but an astute and experienced defense lawyer will find a way to file the motion and give the client the best chance of winning.

How do I get a bond reduction in my case?

The first step in seeking a bond reduction is to work with your criminal defense attorney to file a motion—typically a “motion for bond reduction” or “writ of habeas corpus”—to lower the bail. You and your attorney may also need to file additional motions to continue to lower the bail to a reasonable amount; for example,...

What happens if the prosecutor agrees to a reduced bond?

Before a prosecutor agrees to a reduced bond, they would want assurances that the defendant will not commit new crimes and return to court for future hearings. If a lawyer is known and respected, the prosecution may trust that lawyer’s representations and give the defendant the benefit of the doubt.

Can a defendant request a witness at a bond reduction hearing?

As such, a defendant should think carefully about the evidence and witnesses he wants and needs to present at a bond reduction hearing. Instead of the defendant taking the stand and opening up to harmful admissions, a defendant may request a relative or friend to testify on his behalf.

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 do you modify bond conditions in Texas?

To modify these conditions, you need to file a motion with the court. In the motion, you identify the condition you want changed and explain why. After filing the motion, you may have to attend a hearing in front of a judge.

How can I lower my bond in Texas?

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 file a bond reduction in Louisiana?

Yes, bail reductions must be approved by the judge. To get that done, you need to hire a criminal defense attorney to contact the judge. The judge will need a good reason to reduce the bail amount since he is likely the one who already looked at the case and set the bail at that amount.

How do I file a complaint against a bail bondsman in Texas?

RETURN COMPLAINT BY MAIL TO:HARRIS COUNTY SHERIFF'S OFFICE.BONDING DIVISION, ATTN: DEPUTY D. KERN.1200 BAKER STREET.HOUSTON, TEXAS 77002-1206.PHONE: (346) 286-1240 FAX: (832) 927-0535.

What happens if you violate bond conditions Texas?

The Violation of Certain Court Orders or Conditions of Bond in a Family Violence, Sexual Assault or Abuse, Stalking, or Trafficking Case crime in the state of Texas gives police the right to arrest you if they believe you violated a court order or bond condition in a family violence, sexual assault or abuse, stalking, ...

How can I get out of a bail bond contract?

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. Once the defendant has fulfilled all the court responsibilities, that is when the contract becomes no longer binding.

How long can you be held in jail before seeing a judge in Texas?

Generally, you'll be booked in at the local county jail and within 24-48 hours appear before a judge. That judge will formally notify you of the charges against you, set a bond for you, and give you a date for your first court appearance. Most of my clients are arrested and charged in Harris County.

Can you bond out on a felony charge in Texas?

Felony Charge Bail Bond in Texas Offenders facing these charges will likely be in for a lengthy and stressful trial. PCS Bail Bonds helps make it so defendants can be out of jail and in their homes while dealing with these charges. Being arrested and charged with a felony is overwhelming enough.

How long can you be held without bond in Louisiana?

If you arrested for a misdemeanor and unable to post bond, the State has 45 days to formally charge you with a crime. The State has 60 days to formally charge you with a felony unless the crime is punishable by death or life in prison without parole. Then, the state has 120 days to formally charge you.

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?

Unfortunately, there is no prescribed or set time allotment in which a defendant must be released following bail posting. In general, it can take between four to eight hours, although it may happen more quickly, or could take longer. Why? It depends upon the workload of the court system and the jail.

What are the consequences of seeking a bond reduction?

Consequences of Seeking a Bond Reduction. Every defendant wants a cheaper bond, especially in times of economic instability. Some defendants push their attorneys to file a bond reduction on the theory that the worst-case scenario is the judge denying the reduction.

What should a defendant think about at a bond hearing?

As such, a defendant should think carefully about the evidence and witnesses he wants and needs to present at a bond reduction hearing. Instead of the defendant taking the stand and opening up to harmful admissions, a defendant may request a relative or friend to testify on his behalf.

What happens after the court receives evidence and information from the defendant and the prosecution?

After the court receives evidence and information from the defendant and the prosecution, the court will balance a number of factors to decide whether or not to grant the motion for a bond reduction. The court can reduce the bail and set conditions to ensure the purposes of bail are met.

What happens if a defendant cannot make bail?

If a defendant cannot make bail, he may want to seek a bond reduction. Each state provides rules and procedures for obtaining a bail reduction; however, the general rule is that the burden on proving the need for a reduction is on the defendant. Table of Contents.

What should be included in a motion for bail?

Many defendants will include prior findings of indigency, like a copy of the court’s order appointing counsel because of a defendant’s inability to pay for an attorney.

What factors can a court consider when deciding bail?

Factors the court can consider include: the number of ties a defendant has to a community. the criminal history of the defendant. the nature of the charges. the safety of the community. the ability of the defendant to post bail. The court can reduce the bail and set conditions to ensure the purposes of bail are met.

What can a defendant do to prove lack of funds?

The defendant could also introduce business records or copies of tax, payroll, or bank records to demonstrate the lack of funds to post the current bond. In some limited cases, a defendant may want to present evidence that the charges are not as severe as alleged in the indictment or complaint. As a defendant is gathering evidence to support ...

Marcus Bazzell Boston

I agree with attorney Alvarez above. If he cannot hire an attorney contact the Public Defender's Office and see if they will assist with a bond reduction hearing. Good luck...

Daniel Michael Alvarez

Your boyfriend should immediately request a public defender if he is indigent so that a bond reduction motion may be filed on his behalf. Your boyfriend will have to fill out an affidavit of indigency and the court will have to make a finding that he, in fact, is indigent before assigning him a public defender.

Jorge Luis Rodriguez

The Judge probably gave a reason for the bond being high. It would help to know what are the charges; murder, rape, arson and burglary for example have higher bonds than simple batter, shoplifting, and for example driving while suspended). Also his ties to the community and flight risk are another major consideration of bond.

What is a motion to reduce bond?

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).

What happens if a prosecutor agrees to a reduced bond?

Before a prosecutor agrees to a reduced bond, they would want assurances that the defendant will not commit new crimes and return to court for future hearings. If a lawyer is known and respected, the prosecution may trust that lawyer’s representations and give the defendant the benefit of the doubt.

What happens after a motion is set for a hearing?

Following the hearing, the judge decides whether the bond or bail will be reduced or modified. An oral motion is typically less formal than a written motion.

What is a bond in court?

Bond, also called bail, is the amount of money that must be deposited with a court so that the defendant can be released from custody during a criminal prosecution. Generally, the way the defendant can request a lower bond and release from jail is by motion. A motion is a formal request directed to the judge requesting an order for one thing ...

What is an alternative to a motion to reduce bail?

In some courts, the judge may agree to a bond reduction if the defense and the prosecution agree. An agreement between lawyers is called a “stipulation.”.

What is a bond reduction in federal court?

Bond Reductions in Federal Court. In federal court, the process is a bit more complicated than the state process. If a federal defendant is denied bail, the Motion to Reduce Bond is called a Motion to Revoke Detention Order. Federal judges can be tough on bond motions, and the U.S. Attorney’s office routinely objects to any request for ...

What is a bail reduction agreement?

A lawyer presents a deal for a bail reduction with a stipulated order spelling out the agreed-upon bond. A judge may accept the stipulation and sign the order, or he or she may require the prosecution and defense lawyer to appear in court and explain the reasons for modifying the bond.

What happens if the prosecutor opposes your motion?

If the prosecutor opposes your motion, then he or she will show up and argue that the judge shouldn’t modify your conditions of release. You can’t interrupt the prosecutor as he or she argues. Don’t raise your hand—the judge will give you a chance to respond when the prosecutor finishes.

How to change the condition of release?

If so, then you have a much stronger argument and can mention that fact in your motion. Talk to the prosecutor by calling or visiting. Make sure you have a good argument for why you want to change the condition of your release.

When was defendant Smith arrested?

If you hired a lawyer, you can also state that you’ve retained counsel and identify who they are. You could write, “On August 31, 2016, Defendant Smith was arrested and booked on charges of assault and battery. On September 1, 2016, Judge Alice X. Tarkington set the conditions of Defendant’s release.

Can you argue in front of a judge?

You probably won’t have a lot of time to argue in front of the judge. If you are nervous, then you can sit in on a day when the judge has a hearing. Check the judge’s calendar, which may be online, or call the judge’s clerk and ask when motions are heard.

Can you call a bail bondsman every day?

For example, you may need to call the bail bondsman every day to check in . In order to modify these conditions, you need to work with the bail bondsman. Thanks!

How Is an Initial Bond Amount Determined?

The bond set in a criminal case can be set before the defendant is arrested, or after an arrest. If the defendant is arrested pursuant to an arrest warrant signed by a judge, the judge typically sets the bond amount at the time the warrant is signed.

How Do Criminal Attorneys Get a Bond Reduced?

Although the implementation of bond schedules has produced more uniform initial bond amounts, it is still possible for a criminal attorney to get your initial bond reduced. One the attorney has been retained, he/she will file a motion for a bond review. The court will then set the matter for a hearing.

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If you have been charged with a criminal offense in the State of Nebraska and you are unable to pay the current bond set in your case, it is in your best interest to consult with an experienced Nebraska criminal defense attorney right away.

What is a motion to reduce bond?

In many cases, the purpose of the bond motion is to show the court that the defendant’s ties to the community and the circumstances of the case make it unlikely that the defendant would flee the jurisdiction or be a danger to the community.

What happens if you are held without bond?

If the defendant is being held without bond because of the serious nature of the charges, an experienced attorney can ask the court to reconsider the issue and set a reasonable bond because of the particular facts and circumstances in the case. Judges are also relying more on pretrial release conditions such as a GPS or SCRAM monitor.

What is the purpose of a surety bond?

The purpose of setting bail or surety bond is to ensure the defendant comes to court. Because of recent reform movements, courts are feeling pressure to find non-monetary ways to ensure that someone comes back to court.

What happens if a person fails to appear in court?

If the person arrested fails to appear in court, then the entire bond will be forfeited. Surety Bond – To post a bond, a surety or bail bonding company can post a written guarantee called a bail bond. In exchange for posting the bail bond, the bail bonding company typically charges a bond premium fee which is 10% of the bail bond’s total amount. ...

What factors are considered when determining bond?

In determining bond, the court will consider the following factors: the financial circumstances of the defendant; the defendant’s address and ties to the community; the defendant’s occupation and employment history; the defendant’s family and relatives that live in the community;

Can a cash bond be substituted for a surety bond in Florida?

Under Florida Statute Section F.S. 903.18, “ [a]ny cash bond may be substituted for a surety bond anytime before a breach of bond.”. The statute allows you to substitute (or switch out) the cash bond for a surety bond.

Can you get a bond if you are in jail?

Bond is available for anyone charged with a crime, except that the court can deny bond to a person charged with a crime punishable by life in prison or the death penalty when proof of guilt is evident.

Steps to Filing & Obtaining Bond Reduction

• The procedural steps involved in obtaining a bond reduction typically include: 1. Filing the motion, which includes, at a minimum, a statement summarizing the current bail amount, the nature of the charges, and an explanation of why the defendant cannot make bail; 2. Possibly including prior findings in order to support your statement of indigency,...

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Requirements For Bond Reduction & The Hearing

Texas Bond Reduction Attorneys

Bond Reduction Steps

Presentment of Evidence at Bond Reduction Hearing

Bond Reduction Requirements

Ruling on The Motion

• After the court receives evidence and information from the defendant and the prosecution, the court will balance a number of factors to decide whether or not to grant the motion for a bond reduction. Factors the court can consider include: 1. the number of ties a defendant has to a community 2. the criminal history of the defendant 3. the nature of...

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Consequences of Seeking A Bond Reduction