what are some facts that an attorney would present in 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.

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What happens at 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. So your lawyer’s job is to convince the Judge that if you are released, you will not pose a danger to the community and that you will …

What happens at a first bail hearing?

Oct 19, 2017 · For this reason, we believe the best practice is to have an attorney at the bond hearing so that the attorney can do all of the talking so that his client can exercise his or her right to remain silent. In certain cases, the judge will start exploring facts or circumstances that relate to the present charge.

Can you get out of jail after a bond hearing?

Bond Hearings in Atlanta Criminal Cases. A bond hearing is a hearing in front of a magistrate or a judge where the judge will decide if bonds can be set for certain offenses. A bond hearing is different from an arraignment because the bond hearing is for the purpose of deciding whether the judge shall issue bond so that the person may be released. In contrast, an arraignment is …

What is the difference between a bond hearing and arraignment?

Mar 20, 2015 · Can I talk to my loved one that is incarcerated before the bond hearing? Likely not, unless they are allowed to contact you over the phone. Even then the phone messages are likely recorded. However, an attorney may be able to visit the incarcerated person in jail prior to the bond hearing. If appropriate, the judge will set a bond amount that will allow the Defendant to …

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.

What happens at a bond hearing in SC?

A bond hearing, sometimes referred to as a bail hearing, is usually the first thing that happens after a person is arrested in South Carolina. After the person is booked at the jail, then a bond judge will hear the case and determine whether to let the charged person out, and if so, under what conditions (making bail).

What are the steps of bail?

The application for bail shall be filed before the Magistrate, who is conducting the trial. The application after being filed is usually listed on the next day. On such day, the application will be heard, and the police shall also present the accused in court. The magistrate may pass such orders, as he thinks fit.Jun 15, 2021

How does bail bond work?

Bail bonds work by allowing a defendant to post bail that he or she would not have otherwise been able to afford. The bail bondsman posts the full amount on the defendant's behalf. The defendant pays the bail bondsman a percentage of the bail amount – usually 10 percent. This payment is nonrefundable.Jun 30, 2021

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

Many bond hearings are set within eight to twelve hours to ensure that you have time to get a lawyer and find a way to make bond.Jul 22, 2021

What occurs during a defendant's first appearance?

Generally, the first appearance will take place with 24-72 hours of arrest. The judge will review whether probable cause exists to detain the individual on the subject charges. During the initial appearance, the judge will review the defendant's rights.Sep 23, 2021

In what cases bail will be granted?

First, it is often granted after the arrest; Second, it is often granted to an individual who has been an undertrial prisoner for committing a non-bailable offense and; Third, a bail application also can be filed by an individual, who was convicted by the court and preferred an appeal against conviction.Nov 6, 2021

What is the process after getting bail?

You have to wait for the summons to be received from court which will happen after the police is submitting the charge sheet before court. The complainant need not go to court. After bail your mother have to appear for every hearing of court other wise court will again issue Non bailable warrant against her.

Why is it important to hire a lawyer?

If you or a loved one has ever been arrested , you know that getting out of jail is the most important thing in the world. 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.

What to do if you can't attend a court hearing?

And those are the people who should attend the hearing, if possible. If they can’t attend, your lawyer should try to get a letter from them. If you get arrested, contact ...

What happens if you get arrested?

If you get arrested, you will first appear before a Magistrate. Usually, the Magistrate will grant a bond and you can be released from the jail. But if the Magistrate decides to not grant bond, you will remain in the jail. And if you don’t do anything else, you will remain in jail until their trial date. Yikes!

What does a judge consider when deciding if you are released from jail?

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. So your lawyer’s job is to convince the Judge that if you are released, you will not pose a danger to the community and that you will return for your trial.

Can a lawyer schedule a bond hearing?

This all takes time, so the sooner you contact a lawyer the better, because your lawyer can schedule a bond hearing for you. 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.

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”.

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 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:

WHAT IS A BOND HEARING?

As criminal defense lawyers in Greenville and Upstate South Carolina, we routinely handle bond hearings (or bail hearings). A bond hearing is usually the first thing that occurs when a person is arrested in South Carolina.

WHAT IS A PRELIMINARY HEARING?

As Greenville defense attorneys, Joe Watson and Asher Watson frequently appear at preliminary or “probable cause” hearings for our clients. In the State of South Carolina, anyone arrested for felony charges, as well as for misdemeanor charges, has the right to a preliminary hearing.

WHAT IS A POWER OF ATTORNEY?

In the State of South Carolina, a Power of Attorney (“POA”) is a legal document that conveys to another written authority to assist you, either immediately or upon a future condition, regarding financial decisions while you are alive.

What is bond hearing in Atlanta?

A bond hearing is a hearing in front of a magistrate or a judge where the judge will decide if bonds can be set for certain offenses. A bond hearing is different from an arraignment because the bond hearing is for the purpose of deciding whether the judge shall issue bond so that the person may be released.

Where are bond hearings held in Georgia?

In Georgia, most bond hearings are held at the county magistrate courts. Many of these courts are located in the county jails. If bond is denied at that level, then the person has a right to ask for a second bond hearing in either the state or superior court, depending where the charges go. Most of the counties have a state court ...

What is an arraignment in Atlanta?

In contrast, an arraignment is the formal charging process where the person is notified of the charges that will go forward in the court system. Throughout a bond hearing an Atlanta criminal lawyer can be a major factor in what the person’s bond is or whether they receive bond at all.

What is the key to a bond?

The key is that the attorney must prepare and the attorney must look at the facts of the case, including the person’s criminal history, to prepare a plan to present to the judge and not merely go in and ask to receive bond. Practice Area. Bike Accident. Car Accident.

What factors are considered before setting a bond in Georgia?

Set forth by Georgia law, there are certain factors that the judge is required to look at in Georgia before setting bond, which include whether the person is a flight risk, and the their ties to community. To determine if the person has ties to the community, the judge will consider if the person is from the state, if they have family here, ...

How to determine if a person has ties to the community?

To determine if the person has ties to the community, the judge will consider if the person is from the state, if they have family here, if they US citizen, and if they have a foreign passport. These factors determine whether the judge believes the person will stay and answer the charges or whether they will run away.

Can witnesses be harassed?

If the witnesses are also the victims, if they are minors, or if they are family members, it might be an indication that the person is likely to harass or intimidate them. However, if the witnesses are law enforcement officers, then it is less likely that they will be subjected to harassment.

How long does it take to get a bond hearing?

A person charged as an adult (not a juvenile) is entitled to a bond hearing within 48 hours of their arrest. Some exceptions do apply for particular criminal charges. There are some crimes that can only be set by a Circuit Court Judge.

What are the different types of bonds?

What are some types of bonds? Personal Reconnaissance (PR) Bond - you do not have to pay money to get the person out of jail. You do not need a bondsman for a PR bond. Surety Bond- you pay a bondsman a certain amount of money or pledge collateral (in some cases) to get the person charged with a crime out of jail.

How long can an incarcerated person stay in jail?

The incarcerated person must stay in jail until the court date. An attorney can request a bond modification hearing to request the bond be lowered or ask the Judge to allow the defendant to get out of jail and on electronic monitoring or house arrest.

Can a defendant talk to the judge during a bond hearing?

Yes. And they are allowed to talk to the Judge during the bond hearing if they want to. The Judge may ask the victim questions like "do you feel threatened by the Defendant?"

Can you get a bond if you are in jail?

Yes if the Judge orders a Surety Bond. A person must pay a bondsman money or pledge collateral (in some cases) to get out of jail. The money you give to a bondsman is nonrefundable.

Why are bond hearings important in South Carolina?

Bond hearings are vital part of the South Carolina criminal process because they often represent the first time a criminal defendant faces a judge. To better understand what goes on during a bond hearing in Charleston, SC, I have outlined the key components below.

How long does it take for a magistrate to release someone in South Carolina?

The law in South Carolina is clear that magistrate judges cannot drag their feet when addressing the issue of bail. Rules require magistrates to act quickly, assuming the person is charged with a bailable offense. Specifically, the bond hearing must be conducted within 24 hours of the person’s arrest. After that, the person must then be released within a reasonable time, not to exceed four hours, after the bond has been paid.

Do you have to have an attorney present at a bond hearing in South Carolina?

Though the bond hearing is a critical step in the criminal process, it has not been found crucial enough to come with the right to counsel. The laws in South Carolina are clear that while a defendant has the right to have an attorney present during the bond hearing, there is no absolute right to representation. Essentially, you can have an attorney present and if at all possible should. However, if you do not have counsel at your bond hearing the government is not obligated to provide it for you.

Is bail guaranteed in South Carolina?

The right to bail thankfully is enshrined in South Carolina’s constitution (Article I, Section 15) and says that defendants are guaranteed the right to bail pending trial except in capital cases or those matters punishable by life in prison. However, in South Carolina bond for a few most serious violent crimes cannot be set by a magistrate judge and must go in front of a circuit court judge for bond setting.

Why Does Bond Get Denied?

Bond is usually set when an arrest is being processed, but occasionally bond can be denied. Usually the cause for a bond being denied is that the defendant has been deemed a flight risk or a danger to himself/herself or others.

Are Bail and Bond the Same Thing?

Though bail and bond are very similar in that they both result in temporary freedom, they are not in fact the same thing. The difference comes down to the source of the money. Bail is the monetary amount that the defendant needs to pay in order to secure their freedom.

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With more than 15 years of legal experience under our belts, our Suffolk bond hearings lawyers are deeply familiar with this area of law. We can inform you of all the long- and short-term consequences of your decisions and navigate you every step of the way.

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 decision. Uniquely, during a bail hearing, th…

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How Bail Is Set

During The Bail Hearing

Possible Bail Outcomes