Anyone going to court to attend a bail hearing may want to understand exactly what happens there. Some of the concerns that need attention are who can be present, what the purpose of a hearing is, what issues will be raised and–in the case of a defendant– what is expected of him or her. Having an idea ahead of time can help you focus on seeing it through and help you to be more ready. Afterward, the defendant can either apply for bail by phone or personally with the help of a bail bondsman.
First of all, a bail hearing is a process presided over by a judge who checks if indeed a defendant could be temporarily released from jail for the time being by posting bail.
The bail hearing’s other purpose is for the court to fix by how much the bail would be required, in the event it is granted. The defendant could present some evidence to make a strong stance, but the decision would be made just the same.
If the defendant’s side or party has the capability to address the bail and post it, the former is free for the time being. However, it is well known how bail can be a rather serious amount of cash, and in these instances you may want to use a service like bail bonds St louis Mo. Obviously many defendants will exert so much effort to plead the court to pass out a more relaxed bail.
The next question may possibly be how to angle for a more manageable bail? In some cases, a judge could change the initial bail amount at the first appearance and also at a succeeding hearing held pursuant to a motion. The first occasion a judge discusses the bail amount is often informal: he or she would hear the pertinent bail factors, then the defense and prosecution each maneuver for increasing bail, leaving it unchanged, or lowering it.
As regards who attends a bail hearing, the absence of a jury is notable. But aside from that detail, everything is as excepted. Thus, a judge presides over the court decision, with the defendant and his or her defense attorney present (assuming the procedure requires a counsel’s presence). Spectators could also attend.
Here are some factors that make up the nitty-gritty of how a judge makes a decision on imposing bail, and how the amount gets computed: financial capability and employment; personal background and history; past criminal activity and record of court appearances; the circumstances and nature of the alleged crime; family connections and length of residence in the community.
It is largely up to the defendant and his or her legal counsel to provide information on the above factors. If the bail hearing is already one of the many meetings in the course of the trial, only new facts and evidence could possibly get the judge to issue a new and different decision.
In the event of approval of bail request, the court then identifies some conditions that must be satisfied if the defendant is to stay out of custody. Possible examples of these conditions are travel restrictions, employment requirements, psychiatric treatment, substance, and alcohol abuse testing, or periodic appointments to check in with an officer. The judge naturally has the power to turn down bail as supported by evidence presented, or also in the absence of the same. However, the defendant and his or her lawyer are free to appeal the decision.
To end, bail hearings are an opportunity for everyone to be heard and is in the service of due process. But it definitely demands its fair share of effort. Getting a ruling according to a party’s intentions is determined by preparation, the defendant’s track record from the point of view of the court, and the expertise of the defense counsel.