When someone can’t pay to leave prison, they file motions for bond reductions in court. Getting a court hearing sooner might be possible if you hire a private criminal defense counsel. At the hearing, your attorney will request a lower bond amount from the judge.
So, come let’s get into detail and know how to get a bond reduction without a lawyer or what are the chances of getting a bond reduction quickly and impliedly.
What is a Bond?
Before you indulge in the main topic of the blog of how to get a bond reduction or how to file a motion for bond reduction, you are required to understand the term ‘Bond’.
A person who has been arrested must post a bond, which is a sum of money, to be released from custody. The payment of the debt guarantees their attendance at upcoming court sessions. The person forfeits the money if they don’t show up—all of it.
A person must either go to jail and pay the whole bond amount in person, or they must employ a bondsman and pay them 10% of the bond sum. If you pay the full amount and don’t skip any court dates, you’ll get your money back. The 10% that you pay a bondsman is not refundable.
Though hiring a lawyer gets the process simplified for how to get bond reduced or it perhaps becomes easy for bond reduction hearing, there are situations when a client is unable to appoint a lawyer, in such a case look to the following cases where hiring an attorney is not necessary, still, there are exceptions to this.
How to get a Bond Reduction without a Lawyer?
But, it is usually seen that hiring an attorney for bond reduction is more expensive than paying the sum of money to a bondsman.
If this is the case, and you are unable to appoint an attorney for bond reductions, the only way you have is to await your court date, and you need to sit in jail. Additionally, you can schedule a court appearance and present your case for a bond reduction. People are frequently able to record of rights, or released them on their recognizance.
However, when determining whether to lower a bond or how to get a cash bond lowered, the judge takes into account the following factors. Further, the same thing is looked at in understanding how often can you get a bond reduction in usual circumstances.
Considerations for the judge include:
- Any harm to the victim or society is a threat.
- The degree to which a person is connected to the neighborhood, such factors as employment, ownership of a property, or familial relationships.
- Any prior criminal record and/or previous court appearance omissions.
- Checking the seriousness of the offense—a bond for a murder charge will be higher than one for a petit theft charge.
- If ten witnesses saw you shoot someone, for instance, that would be pretty conclusive proof of your guilt.
- It will check your ability to pay. To determine how much the bail should be, the judge will inquire about the defendant’s financial means.
- The weight of the defendant’s defense’s evidence;
- Whether the defendant voluntarily takes part in a program for drug testing before trials;
- Whether the defendant has any controlled dangerous substances on them or not;
- Whether the defendant is now on release from jail following a felony;
- Any further factors influencing the likelihood of the defendant’s arrival; and any form or style of bail.
Bonus Tip: How to get a Bond Lowered?
1. Developing your Case
Know what to anticipate. The majority of jails maintain a bail schedule that details the amounts of bail for common offenses. However, you must ask the judge to lessen your bail if you want it to be. Typically, your initial arraignment is 24 to 48 hours after the arrest. At your first court appearance, the judge will explain your rights to you, establish your bond, and allow your attorney to defend it.
Your attorney may now be able to request a lower bond amount or that you be released on your recognizance, depending on your state’s laws. You can launch a lawsuit if you receive a negative decision about your bail.
2. Motion Submission
Obtain a form. The motion should be written for you by your attorney. Once it is done, one copy of the same will be forwarded so that you can read it as well. You will have to write your motion if you don’t have a lawyer for some reason. Now, in the next step, you will be required to seek a form to be filled out at the court.
If no form is offered, you will have to create your motion. A motion is a document that you submit to the judge to request action from them. You’re asking the judge in this case to lower your bond. For this, start with a blank word document and continue to write your motion in it.
The same information appears at the top of the first page of each motion submitted in your case after that. It is referred to as the “caption.” Look through any paperwork that has been submitted to get this information. Depending on the court you are appearing before, the title will change.
You should next introduce yourself before giving the judge important details like the allegations brought against you and the size of your bond. Also mention to the judge that you are requesting a decrease in bail because you cannot pay it.
3. Attending Your Bail Hearing
Lastly, you must present proof at the hearing to back up your claims. For instance, you may provide letters, tax records, and pay stubs; but, you could also give testimony. It is hereby suggested to take into consideration the key benefits and demerits before taking any decision.
At the bond hearing, your attorney should address every situation. Hence, if you are willing to testify, you will need willpower and then execute the action. The justification used by your attorney will be the same as that in the motion.
The prosecution gets to make the case for not lowering your bail. The prosecutor will use the same factors that you did, but he or she will attempt to twist them to make you seem like a flight risk.
Frequently Asked Questions
1. Does bail have to be made immediately after an arrest?
Ans. No. A magistrate may occasionally establish a bond, and if the defendant can afford to pay the percentage charged by the bail bonding business, he or she will be released from custody without having to submit a bond motion. But a formal bond motion is necessary if the court decides not to establish a bond.
2. I was released from my bond, but the State is now requesting an increase. Can they do that?
Ans. They have the same option to request a bond increase as you do. When a defendant bonds out and then receive a new charge, this happens regularly. Just like a reduction, a bond increase’s approval is based on a variety of factors.
3. What happens if a person disobeys the terms of their release?
Ans. If an individual disobeys the terms of their release, the court may modify or revoke their bond or impose a new bond. They may also be charged with a new crime.
4. When does someone who posts bail entirely in cash receive their money back?
Ans. The situations when the person who posted bail entirely in cash gets their money back are:
- When the defendant is accepted into a diversionary program.
- If the defendant is freed.
- If the individual’s complaint or information is rejected.
- When the court sentences the defendant.
I hope this guide on How to Get a Bond Reduction without a lawyer has helped you. Keep in mind that a court may revoke or deny any type of bond for several crimes. One such is domestic violence.
When you are arrested, you won’t be given a bond and must instead wait to see a court. Another is murder. You could finally be able to obtain bail, but at this point, it’s crucial to retain legal counsel.