Lacey O’Malley has wants to help you Prepare For Your Bail Hearing. Cash bail exists to secure your presence at future court hearings. Essentially, you are being required to pay the court a sum of money, which creates a legal contract stating that you will arrive and be present for your future trial dates. After an arrest, the bail hearing is always the first court appearance a defendant will make. A judge will be present, along with the prosecutor and your own defense attorney. The prosecution will make a recommendation on what they think your bail should be, and your side will also make a statement regarding what your bail should be, if any. The judge will determine the type and amount of bail, after both sides have made their recommendations.
There are several factors taken into account when the judge is determining your bail and for you to consider to Prepare For Your Bail Hearing. Sometimes, for crimes of less severity, bail may be a written promise to appear in the future with a cash bail, should the conditions of your release be violated. You may also be required to post cash, or another asset, as your bail before they court will release you back into the community.
Factors that can determine bail amount
In order to set your bail, the judge may ask you and your counsel questions about any or all of the following topics. It is best to always answer honestly, because lying to the court in any legal proceeding is grounds for further legal action against you, and will only hurt your case.
Severity of the alleged crime
If you are going to trial for a misdemeanor, the usual solution is a signature or low-cash bond. Allegations including violence, drugs, or threats to the community will be scrutinized much more closely, and generally are never granted release with only a signature bond.
Outstanding warrants for any previous crimes will result in your release being postponed. You will be detained by the court until the jurisdictions from which the outstanding warranted was issued can respond to your case.
Family ties in the area
Your judge may want to know where you will be staying, or who will be with you throughout the duration of your case. These may be the people you will rely on to help you remain in good standing with the law while you are on trial.
You will be asked if you have a job currently. You must be ready to tell the judge where you work, how long you have been employed at your current occupation, and what your work schedule is. You might also be asked about any prior work history.
Property you own
In more serious cases, the court will inquire about your ownership of real estate, vehicles, and other types of property. A home, vacant real estate, or other property can sometimes be pledged to fulfill your bail, as a form of collateral for your future court appearances.
Prior criminal history
A lack of prior arrests may be a mitigating influence in your case. Prior convictions will almost always cause your judge to set a higher bail. the judge almost always has your record in front of their nose on their desk, so they will know right away if you lie about your past. If you do make the mistake of trying to lie to a judge about your criminal record, or otherwise, you may end up detained with no hope of bail or release until your trial.
History of alcohol or drug abuse
Substance abuse can impair judgement, and a person may even ignore future court dates if under the influence. Prior drug or alcohol convictions may result in a higher bail amount. If you do post bail, you may also be required to periodically test while on your release.
How to Prepare For Your Bail Hearing if you cannot post bail?
If you cannot post the full amount of your bail, you can bring a motion to reduce the amount. Any reduction, or lack thereof, is entirely up to the judge. Be prepared to fully comply with any conditions the judge may order you to fulfill, so that your bail may be reduced.