BOND REDUCTIONS
By Steven Gomberg
If you did not have a bond set after your arrest and the First Appearance Judge refused to set one or if the judge set a bond that is too high, you have the right to have a bond hearing in front of the judge presiding over your case. If you have hired an attorney, he or she will decide when to request a bond hearing. In some instances, your attorney may be able to schedule your bond hearing prior to the first case disposition hearing. In other cases, your attorney may decide it is in your best interests to wait until more is learned about your case.
It is important to recognize that you may not get more than one chance at a bond hearing. It is important that you assure that your attorney is advised of all facts which might impact a judge’s decision as to allowing you to gain your freedom. If you are on probation anywhere for anything make sure your attorney knows that. If the judge sets a bond for you and you are facing a Violation of Probation, you may, at great expense to you and your family, bond out of jail only to be arrested on VOP warrant after only a short time on the street. In many felony VOP situations, bond is not granted regardless of the bond set on the new charge.
Similarly, if you know you have a history of missing court appearances, tell your attorney so that they may be prepared when the State Attorney painfully lists them all for the judge at the bond hearing. Same thing goes for your criminal history. The State Attorney, very quickly after your arrest, obtains a printout of your criminal history and your attorney needs to have accurate information available to help you make the best presentation at a bond hearing. Most judges are less shocked by negative facts or history than you might think but they certainly do not look favorably on Defendants who they think have lied to them.
By law, some serious cases do not entitle you to a bond unless you can show that the evidence possessed by the State against you is not strong.
STEVEN GOMBERG - WINNING STRATEGIES IN CRIMINAL CASES
