WHAT ARE THE ISSUES A JUDGE CONSIDERS WHEN YOUR ATTORNEY FILES A BOND MOTION FOR YOUR RELEASE?
There are certain crimes for which there may be a” Presumption” against granting a bond for your release. That means the Court is of an opinion that previous criminal history and the nature of the charges for which you are now being held, represents a danger to yourself and the community in which you reside.
An ordinary “Presumption” once made and proved, may be rebutted or overcome through the introduction of contrary evidence. These competing facts are taken in consideration on their own merits by the Judge.
QUESTIONS YOUR ATTORNEY MAY NEED TO KNOW ONCE THE PRESUMPTION HAS BEEN SUCCESSFULLY REBUTTED.
1. Are there any pending charges or outstanding arrest warrants against you.
2. Do you have any adult convictions?
3. Have you ever failed to appear in court when ordered to do so?
4. Are you presently employed?
5. Do you have any history regarding drugs or alcohol abuse?
6. What are the most serious charges filed against you?
7. How long have you resided at your present residence? Less than 1 year?
8. Are you a citizen of the United States? If not, are you here legally?
IF BOND IS GRANTED, WHAT SHOULD YOU EXPECT?
1. The Prosecutor may ask the Judge to order a Pre-trial risk assessment. The purpose of this assessment is to determine the level of risk you may possess if bond is granted.
2. Based on your risk assessment, you may be released on your Personal Recognizance, Pre-trial Supervision, Secured Bond, Unsecured Bond, or No Bond.
3. If No Bond is granted, you have a right to Appeal.
IS IT IMPORTANT TO BE TRUTHFUL WITH YOUR ATTORNEY?
2. It doesn’t look good for you in the eyes of the Judge when your attorney, based on what you told him/her, argues that you should be released on bond; you have a clean record; no prior convictions; no failures to appear in court; all of which is a lie.
3. Prior felony and misdemeanor convictions remain a part of your criminal history no matter how long ago you were convicted.
4. It doesn’t look good for you if the Judge is led to believe that the Prosecutor knows more about the type of person you are than your attorney, because you have not been truthful with him/or her.
5. Remember, as your defense attorney, we do not make moral judgments on you, because you are charged with a crime. Guilty or innocent, we just want the truth so that we can defend you to best of our ability under the law.