Is a Lawyer Necessary for a Bail Bond Hearing?
Many different issues are associated with any criminal case. Regardless of whether it is a relatively minor crime or is severe criminal charges have been levied against the defendant, however, it is essential to make the proper decisions along the way. One of those decisions is ultimately going to be in regards to the type of legal counsel that is available. This is true throughout the entire trial, but many people wonder if it is necessary to have an attorney during the bail bond hearing. Understanding more about this particular hearing and what may be associated with it can help the defendant to make the right decision.
First of all, it’s important to recognize the reason why a bail hearing is held in the first place. A bail hearing is held in a court of law, and a judge will preside over the hearing in most cases. The decision that is made during this particular hearing is whether the individual accused of the crime is going to be allowed to be released on bail or if they are going to have to remain in jail during the time that the trial is taking place.
One of the most important factors associated with a bail hearing is the possibility that the individual may or may not reappear for their criminal trial. The fact that they are in custody at this particular time means that they will be available for the trial, so a certain degree of trust needs to be demonstrated for bail to be granted. This is one area where a criminal defense attorney can certainly help with finding Bail Bonds In Phoenix Arizona, and it can make a difference in the outcome of the hearing, depending upon the quality of the attorney that is used.
What Happens at a Bail Bond Hearing?
There are some people that may be in court during this time, but typically, a jury is not associated with this part of the trial process. The judge will be in court, as is the defendant and the attorney for the defendant. There may also be spectators in the court at that time, depending upon the specifics of the case.
It is essential to understand that attorneys are optional in this particular case but that doesn’t mean that they don’t serve a useful purpose. As you are about to learn, the importance of having an attorney during the bail bond hearing can make a difference in whether bail is offered or if the defendant will remain in jail.
Best Ways To Modify Conditions Of Release And Reduce Your Bail Bond
Some different issues are going to be discussed during the bail bond hearing that will make a difference in the ability for the defendant to receive bail. These are some of the possible things that may be considered:
The History and Character of the Defendant: If there have been any problems with the individual in the past that would make the judge feel that they wouldn’t show up for the trial if they were out on bail, then it may not be provided. The judge will also look into the nature of the crime and the past criminal history of the individual to make that determination as well.
The Crime: Another factor that will often be considered during a bail bond hearing is the alleged crime that was committed. More severe crimes may make it challenging to get bond, or it could increase the amount of bond that is set. During this time, it is vitally important to have an attorney that can help through this challenging process.
Community: One other factor is the individual’s residence in the city and the length of time that they have lived there. The family may also be considered, and in some cases, it can even make a difference in whether a bond will be set or not.
What Evidence Will Help You In A Bond Hearing?
During the time that the bail bond hearing is taking place, the defendant is responsible for giving evidence to what has listed above. It may also be possible that the hearing is not the first time that bond has been considered during the trial. If that is the case, it is essential for the attorney to bring up any new evidence which may help to sway the decision of the judge in the right direction.
If a bond is set, then it is typically granted with particular conditions that will allow the defendant to stay out of jail until the trial continues. It may include limitations on travel, periodic testing for drug and alcohol, employment requirements and meeting with an officer on a regular basis to check in.
If the bond is not set, it is typically because of evidence or a lack of evidence. That would require that the individual remains in jail until an appeal takes place or until the trial date. An attorney can indeed make a difference in the ability of an appeal to go through successfully. This appeal will technically take place in a higher court.
If a bail bond has been set, it is then the job of the attorney to fight for the defendant’s right to get a lower bond. When they argue the case accurately, it may be possible for the bond to be reduced significantly. In fact, if the bail bond is lowered enough, it may be possible for the defendant to get out of jail immediately and a bail bondsman may not be necessary.
The decision as to whether to hire an attorney for a bail bond hearing is one that is personal. It is not a legal requirement of the hearing, but it certainly can go a long way in helping to make the outcome successful. In fact, there are many instances in which an attorney has been able to successfully argue the case so that the individual was released outright and an expensive bond was not necessary. As long as an attorney is selected that will be there during this process, it can work to the advantage of the defendant.