(Last Updated On: 20/04/2021)
How long after arrest do I find out what the charges are? Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. When a loved one is charged with a crime, you may be met with feelings of confusion or even fear. This typically happens within 24-48 hours after arrest and can be intimidating if you have never experienced an arrest before. . Evidence may be presented by the defendant and the decision is ultimately made by the court. But this isn’t the primary consideration, and the judge isn’t normally supposed to make findings about the facts underlying the case. Learn more about how bail works. In this case, the defendant and his or her attorney may appeal the decision in a higher court. If the suspect—or, more likely, a friend or family member—can afford bail and posts it, temporary freedom awaits. 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. The defendant’s character and history. Practicing in Toronto, Brampton, Mississauga, Oakville, Milton, Burlington, Hamilton, Newmarket, Scarborough & The Rest of Ontario. A bail hearing in Las Vegas is like a miniature trial: Both the defense attorney and prosecutor make arguments and may present evidence and witnesses. What Happens After Someone Is Released On Bail? This decision is made at the bail hearing, which you may be able to attend. With bail bonds, the defendant (or bond purchaser) is out the 10% fee no matter what happens. These conditions are often regarding employment requirements, travel limitations, drug and alcohol testing, psychiatric treatment or periodic meetings with an officer to check-in. When faced with bail, you can either come up with the full amount yourself or use a bail bonds agency. Since you asked if they reduce the bail I assume this is a bail reduction hearing but either way if the bail gets reduced or allowed you can post it the same day by certified check, cashier's check, cash or use a bail bondsman (expensive) You would be allowed at the bail hearing if its not done at the jail as some are done. First,the Crown presents the allegations to the court. That’s why many defendants ask the court to either lower bail or grant own-recognizance (OR) release. If a suspect wants to post bail but can't afford the amount required by the bail schedule, the suspect can ask a judge to lower it. People get arrested for any number of reasons, including driving while intoxicated, committing theft, or worse. And having a lawyer argue the issue of bail is a much better option than the defendant doing so. After the initial court appearance when the bail is set, the bail will usually be posted and the defendant will be released from jail. But consideration of "ex parte" evidence—evidence from only one side without the other present—is generally improper. In some states, the information on this website may be considered a lawyer referral service. 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. This hearing also sets the exact amount of the bail which will be required, if granted. This freedom comes with a lot of strings attached: If a defendant violates bail conditions, fails to show up in court, or gets arrested again, the judge can revoke the defendant's bail and put the defendant back in custody.After revocation comes forfeiture of the bail money or bond. If the judge has ordered that the defendant be released on a cash bail, then the question is whether the defendant can come up with the bail amount. In recent years, courts have started using math to inform decisions about pretrial release. One key issue that many criminal defendants will be worrying about is bail. Generally, the court may consider the apparent weight of the evidence against the accused. We also know that having the right lawyer by your side is crucial for your case. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. a bail hearing can happen at several points in an individual’s journey through the justice system, but typically happens either: as soon as possible after arrest, or can be scheduled if … At Cambria Law, we strive to protect the rights of our clients while remaining committed to justice and fair compensation. 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