The procedure of bail hearing in a criminal court involves a close examination by the judge regarding the facts and circumstances of the case after being presented by your Criminal Attorney. 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.
If you are in need of representation, schedule a complimentary consultation with our Criminal Lawyers in Broward County. William Moore Criminal Defense also maintains offices on Broward County.
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.
William Moore Criminal Attorneys Assert Every Defense, Factual Mitigator or Legal Justification Permissible Under Florida Law at any Bond Hearing that we have Secured for Our Client.
• 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
Your Broward County Criminal Attorney should spend significant time on each of these basic criteria before the judge considers deciding on weather or not to release you.
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. During the bail period, the defendant must not commit a new crime. Criminal lawyers should always take time to thoroughly explain the very serious ramifications of violating conditional release from jail.
No Bond Holds for Subsequent DUIs and ROR Release at Magistrate
Florida DUI Lawyers deal with with certain jailing and bond seeking issues more commonly that criminal lawyers that have not devoted time and experience to accept them. The most common issue is that of the repeat DUI offender. Although a first and second DUI is only a misdemeanor, an offenders magistrate judge is certain to revoke bond on the first charge where a defendant picked up a subsequent driving under the influence charge while out on bond for the first.
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.
Fort Lauderdale criminal defense attorneys at The William Moore Law Firm, offer years of experienced legal representation and knowledge that is aggressive and skilled in the art of criminal defense. If you or a loved one has just been arrested in Broward County and now face criminal charges, contact The William Moore Law Office criminal defense attorney for immediate legal answers and available representation in Broward County.