Before appearing in court, it can be helpful to understand what the purpose of a hearing will be, who will and can be present, what specific issues will be addressed and what is expected of you as a defendant. Knowing what to expect ahead of time can make the process less stressful and also help you be more prepared for the hearing.
What is a Bail Hearing?
A bail hearing is a court process in which a judge will determine whether or not to allow a defendant to post bail and be released from jail for the duration of his or her trial.
What Is The Purpose Of A Bail Hearing?
The purpose is for the court to inquire into the likelihood of the defendant reappearing at his or her criminal trial. This hearing also sets the exact amount of the bail which will be required, if granted. Evidence may be presented by the defendant and the decision is ultimately made by the court.
Who Is Present At A Bail Hearing?
Typically, a judge presides over the court decision and a jury’s presence is not needed. The defendant will
be present, along with the defense attorney (if an attorney is being used). Spectators are also generally welcome to appear.
What Determines The Outcome Of A Bail Hearing?
A judge will consider many factors when making a decision whether or not to allow bail, and when determining the amount. Some examples of what the judge will consider include:
- Personal character and history
- Financial resources and employment
- The nature of the alleged crime
- Past criminal history and court appearnaces
- Family ties and length of residence within the community
It is the responsibility of the defendant and his or her attorney to provide evidence of the above factors. If the bail hearing is not the first in the course of the trial, it is important to demonstrate new facts and evidence upon which the judge can issue a new decision.
What Are The Possible Outcomes Of The Court’s Decision?
The court may approve the bail request with specific conditions that must be met for the defendant to remain out of custody. These conditions are often regarding employment requirements, travel limitations, drug and alcohol testing, psychiatric treatment or periodic meetings with an officer to check-in. The judge may also deny bail based on the evidence presented or lack thereof. In this case, the defendant and his or her attorney may appeal the decision in a higher court
Bail hearings are a fairly straightforward process and receiving a favorable ruling depends a great deal on the degree of preparation, the defendant’s history with the court, and the success of the defense lawyer.
In addition to the short time available for building the case, the accused has the right of just one bail hearing. The person will appear in front of a Justice of the Peace or a Judge. The job of the defence is to make their case for the release of the accused while the prosecutor will argue for the person’s detention. When you choose Bail Hearing Lawyer Hamilton, you can expect to have the perfect defence. The professional who takes up your case will examine all facts and circumstances for developing the best strategy. The role of sureties is particularly important. A surety is a person who agrees to monitor the accused until the time of the trial comes and to ensure that they abide by the conditions of the bail. Your lawyer will work with your surety to prepare the person for the stand as well as possible. This is an important element of the case since the individual will be questioned as witness.
You will get outstanding representation at your bail hearing. Your Bail Hearing Lawyer Hamilton will use all legal tools necessary for achieving your release. The professional will fight skillfully and with great determination. Rest assured that the strategy developed in advance will provide for all bumps that may appear on the road to success. Everything will be done to convince the Justice or Judge that you deserve to be released.
To secure legal representation at a bail hearing, call us now.