Having a judge issue a defendant a bail that a defendant can afford is part of the criminal judicial process. In many of my cases, the issue of bail and bond is ongoing throughout the case. What a judge setting bail or bond on a defendant does is sets a dollar amount the defendant must post in order to be released from custody, what conditions the defendant must abide by while on bail such as: no contact with the complainant, cannot possess firearms and refrain from using alcohol and drugs.
If the defendant has no criminal background and the offense is a misdemeanor, courts will often release defendants on their own recognizance. This is referred to as receiving an “I-bond”. An I-bond is issued when the court is convinced that the defendant will appear in court without the need for posting money. An attorney can secure an I-bond much more readily than a civilian can, so having an attorney present at your bond hearing can save you hundreds or thousands of dollars in bond.
The issue of bail can be raised by either the defense, the prosecution or even the judge at any point during the criminal case. But you cannot raise the issue of reducing bail for no reason. There are specific reasons a defendant can raise to reduce bail. When the bail set is so high that the defendant cannot post the bail he can request a bond reduction.
When a motion to reduce bail is brought before the court there are important points that should be brought to the court’s attention. These points include:
- the fact that the purpose of bail is to ensure the defendant’s appearance in court and at trial
- The defendant is presumed innocent, even of the most heinous crime
- The purpose of bail is not to punish the defendant
Once bail is set by the court, conditions are attached to the bond. If any of the conditions are not met a violation of the bond may be filed by the prosecutor. Violations of bail bonds are additional charges and must be dealt with as if the charge was separate from the original charge the defendant was on bond for.
If you or a loved one has been arrested for drug offenses, gun offenses or other state or federal offenses you need to be advised as to your rights and opportunities under the law.
Contact The Law Office of Purav Bhatt at 773-791-9682.