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The Florida Bar

Getting a Bail Bond Hearing

The procedure of bail hearings in a criminal court according to Fort Lauderdale based criminal attorney, involves a close examination by the judge regarding the facts and circumstances of the case. Before releasing an individual on bail, the judge or magistrate determines everything that may be required to ensure the appearance of the defendant at trial. The court will pay particular attention to the nature of the offense and see whether it involves narcotics or violence.

The court may also examine the type and value of an asset or property that the defendant may offer as collateral. The extent of available evidence against the defendant also becomes a key factor in deciding bail. The court will review whether the individual was on probation or parole at the time of the current arrest, and if he or she poses any risk to others in the community.

Criminal Attorney Examining the Defendant’s Character

During a bail hearing, the judge will examine the evidence pertaining to the character and history of the defendant. The judge may look at the following aspects:

  • General physical and psychological condition
  • Financial status
  • Social and family status
  • Substance abuse history
  • Criminal history
  • Track record of appearing at court proceedings
  • Years of stay in the community

The defendants seeking Conditional Bail

If the court finds that the defendant poses a credible threat to the security of the community, it may hold him or her without bail. If not, the federal law requires in most cases that a criminal defendant be released upon execution of an unsecured bond or on personal recognizance.

Broward County Criminal Attorney highly stresses that during the bail period, the defendant must not commit a crime. If the court is not satisfied about the defendant’s appearance for trial, it may release the defendant with conditions. A number of conditions may be imposed under the federal law.

Some of the common conditions in such cases include:

  • Restrictions on travel
  • Limitations on employment
  • Undertake alcohol or drug tests
  • Undertake medical or psychiatric treatment
  • Pursue or maintain an educational program
  • Comply with the conditions of a curfew
  • Restrictions on consumption of alcohol or drugs
  • Stay in the watch of a designated individual
  • Periodic visits to the office of an authority
  • Restrictions on possession of a firearm
  • Restrictions on contact with certain persons designated by the court
  • Execution of a bond agreement to ensure appearance of the defendant

A Bail Bond Agent

In some cases, the defendant may lack the finances to post his or her own bail. In such a situation, the defendant may enter into a contract with a bail bond agent to act as a surety, and thereby secure bail. The agent will post bail for a fee that may typically range between 10 and 20 percent.

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