Efficient Bond Hearing Lawyer Daytona Beach, FL
Within 24 hours of an arrest, you must appear before a judge at your first appearance. This first appearance occurs at the jail. The Court must determine if probable cause exists for the charges and set bond.
YOU ARE ENTITLED TO HAVE A LAWYER PRESENT DURING YOUR FIRST APPEARANCE AND BOND HEARING.
Many times bond is set exorbitantly high at the first appearance. Subsequent to the initial setting of bond, a defendant is allowed to seek modification of bail by setting an expedited hearing for bond reduction with the assigned judge. The defendant must provide three hours notice to the Office of the State Attorney. At the bond hearing, the Court will consider the following:
- Family history;
- Ties to the community;
- Prior convictions (if any);
- Prior failures to appear in court (if any);
- Risk of flight to avoid prosecution;
- Financial resources;
- Mental condition;
- And any or facts that may assist the court in setting/reducing bond.
All criminal defendants are entitled to a reasonable bond, except in cases that are punishable by life or death, or in cases involving a violation of probation. If you are charges with a violation of your probation, the court may still grant bond pending the outcome of the VOP. This is up to the discretion of the trial judge. It is important to attempt a bond hearing as soon as possible if one is being detained to a figure tantamount to no bond. If the Court denies bond the accused has the ability to file a habeas corpus proceeding to a higher court seeking a reduction of bail.