In most states, a bond hearing is set 24 hours after you have been arrested. During a bond hearing, the defendant shows up in court and requests the judge to release them from custody while the case proceeds. Commonly, the first bail bond hearing occurs during the initial hearing. This hearing is known as an arraignment. Do you need a bond company in Indianapolis? Call us at 317-279-6854 to speak with a bail bond agent as soon as possible.
Arraignment is a place to inform the accused crimes they are charged with and not place to argue the case. However, bond hearing can be separate from initial hearing, especially in court where bail hearing are scheduled for certain times and days. If the arraignment and bail bond hearing is scheduled at the same time, then it must be within 48 to 72 hours after arrest. The judge can hold a remote bond hearing via video technology. This means that judges maybe somewhere else. You only need to sign documents giving consent for the video procedure.
During Bond Hearing
During the bond hearing, the defense legal counsel requests their client to be released on bail. The bond and either be a dollar amount or word. The defense lawyer will present evidence while auguring their case. The prosecution who is present during the hearing will object, agree, or provide an alternative proposal for the hearing. The judge will then make a final decision.
During the bond hearing, the burden of proof is on the accused. The judge will consider the charges and make decisions based on the defendant’s proof. The judge also considers the accused ties to the community, financial situation, and criminal history.
The bond is an agreement with the court that the defendant will show up in court for all hearing. The judge uses a bail schedule as a reference for setting bail. Bail is not an arbitrary figure given at the judge’s discretion. Besides the dollar amount, the bail may also carry various restrictions and conditions, including curfews.
Other bail bond restrictions include the use of alcohol, firearm passion, and contact with the plaintiff.
If the defendant feels the bail is excessively high, they can request for a reduction. The Eighth amendment restricts judges from setting excessive bail. Similarly, the prosecution can request the court to increase bail if they feel it is unduly lenient. In both cases, the burden of proof is on the defendant.
The judge or magistrate can agree below during bond hearing
- The judge can set a bond as a personal recognize (PR) bond. This bond does not require a bond; only the accused word will appear in court.
- The bond may be a monetary number called cash surety bond or 10 percent bond. The accused must pay 10 percent of the money quoted by the judge to be released. For a cash surety bond, the accused must pay the whole amount. Typically, you need to find a bonds agent who will cater for the full amount. Bond money is refundable at the end of the case. However, it is often used to pay for case costs and fines.
The judge may deny a bond if the offense is too severe or if you are a flight risk. If the judge suspects the bond money comes from criminal activity due to past criminal record.