What is a bail hearing?

What is a bail hearing?

The bail hearing is when the bail amount will be set by the court. The judge will review the facts of the case as well as the nature of the crime.

Many times, bail schedules are posted at jails depending on where they are located and what state laws are in effect. These schedules determine the amount of bail required for each crime. They can be paid directly at the jail prior to a bail hearing. The jailhouse bail schedules are usually set in stone and non-negotiable.

Judges will determine the bail amount at a bail hearing. This hearing is the first one after the suspect has been arrested. Depending on the crime, judges will usually make uniform decisions. The judge will take into account whether the crime was drug-related, violent, or nonviolent. They also consider the character and past of the defendant. If the defendant is released in anticipation of their court date, the judge will consider whether they pose a danger to society.

Although defendants don’t need to have a lawyer or san jose bonds agency to post bail in court, having a criminal defence attorney at your bail hearing can be very helpful. Both the prosecutor and defense will have the opportunity to talk bail with the judge.

An experienced criminal defense lawyer can discuss bail factors with you and, in certain cases, may attempt to lower bail at a bail hearing.

Sometimes judges may release a defendant on their own recognizance. The defendant agrees to sign a written agreement with a court that states they will adhere to the court’s restrictions and that they will appear for court. Recognizance bonds are free of bail fees. This could save the defendant hundreds of thousands or even thousands of dollars. An attorney for criminal defense may be able negotiate with the judge or the prosecutor to obtain a recognizance bail as an option. This type of bond may not be accepted in certain cases. It will depend on the type and jurisdiction of the crime and whether the court considers the defendant to be a flight risk. Recognizance bonds will not be granted in most cases for violent crimes, felony offenses, and gang-related crimes.