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The purpose of the Court setting bail is to make sure that the Defendant shows up for trial, and any other Court appearances that may be required. The first court date for a criminal defendant after arrest is called “First Appearance” or sometimes “Preliminary Appearance.” At the first appearance court date, the Court determines the amount of the bond based upon various statutory factors.
A skilled and experienced bond hearing attorney should appear on behalf of the Defendant, and make legal arguments on behalf of the Defendant regarding why the bond should lower than as requested by the Office of the State Attorney (the prosecutor) or why the Defendant should be released on his own recognizance (commonly called “ROR”).
Plant City Emergency Bond Hearing Lawyer
It is a common occurrence that a Defendant cannot hire an attorney in time to represent him at the First Appearance hearing, and then the Court sets a bond amount the Defendant believes is unreasonably high, in other words, a bond that is beyond the financial means of the Defendant. A skilled and experienced emergency bond hearing attorney can file a Motion To Reduce Bond, and have that Motion heard on an emergency basis. Then the newly hired emergency bond hearing attorney can make legal arguments and bring facts to the attention of the Court that the Court may not have considered at “First Appearance.” Often the emergency bond hearing attorney can convince the Court that the bond amount should be reduced, or in some circumstances that the Defendant should be released on his own recognizance (commonly called “ROR”). In short, the emergency bond hearing is a “second chance” at the issue of bond.
Posting or "Making" Bond
Once the Court has set the bond amount, there are different ways for a Defendant (or his loved ones) to post the bond. Each method of posting bond has its “pros” and “cons.” Often it becomes a financial and economic decision of what method is a better fit for the person posting the bond.
A friend or family member of the Defendant can go to the county jail and post the entire bond amount on behalf of the Defendant. As long as the Defendant appears at all required court appearances, the cash bond will be refunded at the end of the case. However, if the conclusion of the case results in a plea agreement, then fines and court costs may be deducted from the cash bond.
A friend or family member of the Defendant can go to a person commonly called a bail bondsman. The friend or family member of the Defendant pays 10% of the bond amount, this is commonly called the premium. Then the bail bondsman posts the remaining amount of the bond. At the end of the case, the bail bondsman keeps the premium amount.