If you have ever spent time watching police dramas on television (think, “Law&Order”) you have no doubt heard the term “bail hearing” bandied about by the various characters. What’s never really clear in these fictional representations of the justice system is exactly what a bail hearing is, who is compelled to attend a bail hearing and what role the bail bond agent plays in all of this. In an effort to clarify things for you, the team here at Tayler Made Bail Bonding have brought together this comprehensive guide to the bail hearing.
In some cases, a person who has been arrested is told shortly after arriving in jail how much their bail will be. They or a loved one then call the bail bond company and arrange for bail to be posted so they can go home. In other cases, however, a suspect will not be offered bail right away. Instead, they will be held over until they can appear before a judge or magistrate who will determine if they are to be offered bail and if so, the amount of that bail. This is called a bail hearing.
But why are some people offered bail almost immediately while others are forced to wait for a bail hearing? In almost all cases it comes down to one of the following:
In most cases the defendant and their attorney will be present as well as a judge or magistrate and a representative of the state, typically an Assistant DA. Because our judicial system prides itself on transparency, spectators may also be present.
The precise list of factors considered will vary from situation to situation depending on the crime, the victim and the history and circumstances of the defendant. As a general rule, however, the following are considered to varying degrees:
No, not everyone will have the same experience with bail. For minor offenses, the amount of bail will be low and there are likely to be few, if any, restrictions on the defendant other than forbidding them from leaving the state. In other cases, however, a judge or magistrate may impose any number of conditions on a particular defendant, including:
The defendant and the state both have the right to appeal a decision made during a bail hearing. However, it should be noted that any appeal will be extremely narrow in scope, focusing almost exclusively on whether the judge or magistrate acted properly in granting or denying bail to the defendant.
The defense attorney may appeal the bail decision based on the claim that the amount of bail requested was unreasonable given the circumstances of the case and the personal history of the defendant and therefore in violation of the 8th amendment’s prohibition on excessive bail.
But frankly, it is rare for an appellate court to overturn a bail decision made by a judge or magistrate. Therefore, your best bet of securing your release via bail, and ensuring affordable bail bonds are assigned, is to present a convincing case to the court during the bail hearing. If you hope to emerge from the bail hearing with a favorable ruling it is imperative that both you and your defense attorney engage in thorough preparation.
One thing you may have noticed during this discussion is that at no time did we mention the role of the bondsman in the bail hearing. That’s because they don’t have one. Whether you’ve been arrested in Jefferson County, Lakewood, Golden or elsewhere you do not contact the bondsman until the conclusion of the bail hearing. Of course, if bail was denied during the hearing you will not be contacting the bondsman at all.
If you need the services of an experienced, trustworthy bonding agent get in touch with Tayler Made Bail Bonding by calling (303) 623-0399.
Tayler Made Bail Bonding is available 24 hours a day and 7 days a week.(303) 623-0399