what does it mean when county attorney does a motion for bond reduction

When an attorney knows that an inmate cannot afford the current bond, a Motion to Reduce Bond is filed in the hopes that the court will reduce the bond to something more affordable. So, let’s examine how one particular judge’s bond reduction was found to be improper because a defendant’s finances were not factored into the equation.

Full Answer

What happens when a defendant files a bond reduction motion?

A judge may grant the motion and the defendant can move on peacefully. However, once a defendant files the bond reduction motion, the State may decide to file a motion to increase bond or add strict bond conditions.

What is a motion for a lower bond?

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 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.

What is an oral motion for bond reduction?

An oral motion is typically less formal than a written motion. The prosecution will appear before the judge to verbally express any objections to the defense Motion for Bond Reduction.

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 I lower my bond in NC?

Obtaining a Bond Reduction First, the prosecutor might agree to the defense's request for a reduced bond, and then the court can simply sign a bond reduction order based on that agreement. Second, a contested hearing can be held and the court can set a new bond after hearing from both the prosecution and the defense.

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.

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.

What happens at a bond hearing NC?

What are the Different Types of Bond in North Carolina? At the conclusion of the bond hearing, the judge will determine whether to deny bond, set an unsecured bond (signature bond or written promise to appear) or a secured bond. There are many different terms and conditions of release authorized .

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 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.

Can you bail yourself out of jail in Texas?

To answer our original question, yes; you can bail yourself out. However, there are some limitations. In order to bail yourself out, you need to have the full amount of bail on your person at the time of the arrest. Depending on your offense, that may be quite a lot of money.

Do you get your bond money back in Louisiana?

If the defendant shows up for their court date, the bondsman gets back the entire amount of the bail. The inmate won't get any money back since the 10% premium is payment for the bail bondsman's services.

How much is bail for a felony?

Felony bail usually ranges between $1,500 up to $50,000 but can reach thousands of dollars, depending on the severity of the crime and any other crime committed during the felony. The United States Constitution prohibits felony bail being in an excessive amount.

Do you get bail money back?

If you paid cash bail to the court, meaning you paid the full bail amount, you will have that money returned to you after the defendant makes all required court appearances. If the person does not show up in court, that money will be forfeited and you will not see it again.

What is a motion for bond reduction?

Motions for Bond Reductions are filed in Court when a person can’t afford to get out of jail. Hiring a private criminal defense attorney may get you a court hearing quicker. It’s a hearing where your lawyer asks the judge for a lower bond amount.

What is a bond in jail?

Bond is the amount of money someone must pay to get out of jail after they have been arrested. Paying the money ensures they will show up for future court dates. If the person doesn’t show up – they lose the money. All of it.

Can you get a bond if you are arrested?

Keep in mind that there are several crimes that require a judge to revoke or disallow any kind of bond. Domestic violence is one of those. You will not receive a bond when you are arrested, but must wait to see a judge. Murder is another. You may eventually be able to get a bond, but this is where it becomes important to hire a lawyer to represent you.

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.

Why was my bond revoked?

The court revoked your bond because you are accused of committing a new offense while free on bail awaiting trial on another charge;

What happens when a bond is too high?

When the bond is set too high, a criminal defense attorney can file a motion asking the court to set a substantially lower bond or release the defendant on his or her own recognizance (often called the “OR” bond or the “ROR” bond). Each judicial circuit has its own procedures for requesting a reduction in bond.

Why do we need 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. Unfortunately, the non-monetary measures sometimes end of being more burdensome than just posting a cash bond.

Why do you need an attorney for a bond hearing?

Hiring an experienced attorney for the bond hearing early in your case to fight for your release is critical. Having your bail or bond reduced can save you and your family thousands of dollars and can speed up your release from custody .

What happens if a defendant is 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.

What is the most important issue in a bond case?

At the beginning of the case, getting the bond amount reduced is often the most important issue in the case. Call us to discuss any of the following issues:

Why do defendants want a bond reduction?

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 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 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.

How to reduce bail?

The bond reduction process begins with a simple motion. The motion should state the current bail amount, the nature of the charges, and a statement regarding the defendant’s inability to make bond.

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 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 is the title of a motion?

The title of the motion will vary depending on the state’s rules of procedure. Some common titles include motion for bond reduction and writ of habeas corpus.

What are the steps involved in obtaining a bond reduction?

The procedural steps involved in obtaining a bond reduction typically include: 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;

How to get a bail reduction?

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, 10 percent of the original amount in order to ensure that you are able to get out of jail. Whether or not a judge approves additional bail reductions depends upon the circumstances of the case and prosecutor’s actions.

How to reduce bail?

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, such as any court orders appointing counsel due to the defendant’s financial circumstances, bank records, copies of payroll, etc.; 3 Contacting the court to set a hearing date once filed, as well as strategizing, with your attorney, on what evidence you want to introduce at the hearing.

What to present at bond reduction hearing?

It cannot be emphasized enough just how important it is for you and your attorney to come up with a very specific strategy as to what you want to present at your bond reduction hearing. Your attorney will likely advise you not to take the stand, but if you do, it is especially important that you have a specific strategy in mind as to what you want to present and discuss. Oftentimes, defendants will ask friends or relatives to testify on their behalf, and introduce records such as bank statements to support the contention that they do not have the funds to post the current bond amount.

Can you reduce a bond in Texas?

Keep in mind that an inability to pay is not always enough for a bond reduction; in Texas, you must also demonstrate that you have made some effort to post the current bond, and one option to demonstrate this is to rely on the testimony of your friend or relative, or even the bondsmen.

Bond Reduction and Release on Recognizance in Tampa, FL

When the criminal defense counsel in Tampa seeks either the reduction of bond or release on recognizance (ROR), then defense counsel will contact the assistant state attorney (the prosecutor) assigned to the case or the prosecutor’s immediate supervisor.

Bond Reduction Motions in Violation of Probation Cases in Hillsborough County, FL

The administrative order in Tampa, Hillsborough County, FL, provides that if the case involves a violation of probation (“VOP”), then the application for a reduction of bail or a modification of bail will be submitted to the judge assigned to the division in which the alleged violation is pending or scheduled.

Finding a Criminal Defense Attorney for Bond Reduction Motions in Tampa

Contact a criminal defense attorney at the Sammis Law Firm to discuss your case and a motion to reduce bail or bond, including a motion for ROR. The state attorney’s office takes the first 21 days after the arrest to make a filing decision.

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About Us

Shawn Lupella is a former civil prosecutor for State of Florida and criminal defense attorney that has handled more than 5000 combined cases. Call him at (850) 362-6655, 24 hours a day, 7 days a week, 365 days a year if you need help.