Legal Requirements for Motions to Set or Reduce Bond

From a legal standpoint, the Judge’s decision to issue or reduce a bond will be based on two main factors: First, is the defendant legally entitled to a bond?

Second, under the circumstances, what is a reasonable bond that will also procure the presence of the defendant at necessary court dates? Please note: It is also important to have a criminal defense attorney that can anticipate the prosecutor’s tactics at a Bond Hearing. It is imperative that your attorney be prepared to argue against a late-notice prosecutorial Motion for Pre-Trial Detention and be aware of negative classifications that could result in no bond being set, such as Violent Felony Offender of Special Concern.

Other factors for the court to consider when deciding the amount of the bond include, but are not limited to:

• How serious is the charge against the defendant?
• Is the defendant a danger to the community?
• Does the defendant have a criminal history?
• Where does the defendant live?
• What are the defendant’s ties to the community in which he/she is charged?
• How likely is the defendant to flee the jurisdiction of the court?
• What is the defendant’s educational level?
• What is the defendant’s work history and financial status?
• What is the defendant’s family makeup and where do they live?

If your attorney can successfully establish these points in your favor, it will likely lead to a “reasonable bond” that in some cases will be greatly reduced from the original bond and therefore be much more affordable. Please Note: Judges are normally required to set a bond amount as to each separate count charged on each separate case number.

Once the bond is set, it will be categorized as one of the following:

1. Non-monetary signature by the defendant (ROR).
2. Non-monetary signature by someone besides the defendant (i.e. family member, employer, pastor).
3. Monetary signature by the defendant. You are legally obligated to pay if you fail to appear for court.
4. Monetary signature by someone other than the defendant. They are obligated to pay if you fail to appear for court.
5. Cash Bond. Pay the full amount of the bond yourself and you will get it back minus court costs when your case is concluded.
6. Surety or Professional Bond. You use a bondsman whereby you pay them a non-refundable percentage of the bond and they post the balance. They get their bond back once your case is concluded.

Fort Walton Beach and Destin Criminal Defense Attorney, Shawn Lupella can help you resolve your bond issues and ultimately your criminal case. Call Attorney Shawn Lupella today at (850) 362-6655.

 

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