After being charged, the defendant or their family must request a bail review. And if it’s the first time, they are not familiar with the legal procedures, documents, and arguments needed to successfully get their bail.
The best thing you should do is to consult a bail review lawyer in your particular state or city. In each city, there are many lawyers available, like if you are in Ottawa, you can consult a Bail lawyer Ottawa. However, the procedure may vary from city to city, but the key components for bail review are almost the same.
What is a Bail Review Hearing?
When an individual is arrested for a crime that he is accused of, that individual is then taken into custody. In custody, the court will generally determine the individual’s release conditions while the case is active or pending on the criminal docket.
A court will either set a dollar amount for bail or will set a bail review hearing. The purpose of bail is to ensure that the individual in custody, if released, will return to any future court dates for the remainder of the proceedings. There are several factors that a judge may consider when determining whether to reduce bail amount or release an individual
What Happens at a Bail Hearing?
A bail hearing is a legal process in which a judge determines whether an accused person should be released from custody. In this hearing, the judge will hear arguments from both the prosecution and the defense.
After listening to arguments from both sides, the judge will look at things like how serious the crime is, whether the person has a past criminal record, and their connections to the community before deciding on bail or refusing it.
If the court granted bail, the accused might have to pay a set amount by court or follow certain rules to be released.
What Issues Are Considered at a Bail Hearing?
At a bail hearing, the judge has two options, either he approves the bail or not. if the victim is accused of a violent crime or a drug-related offense, then the court may be less likely to grant bail.
Additionally, the accused’s criminal record is also important in the decision. If the victim has previous offenses, it can reduce the chances of granting bail. The court will check if the accused has skipped court before or has any active warrants, as this may mean they might run away.
The other issue concerning victims is the potential threat to public safety. The court will make sure that the accused person must be safe for the public, if he is released.
What Factors Do Judges Consider When Setting Bail?
The court looks at many factors at the time of the bail hearing, but we will discuss just a few of the most important factors that every judge looks at before making the final decision.
The History and Character of the Defendant
Many bail review applications got rejected by the court due to a bad previous record of the accused person. Nowadays, the courts have become more strict for accused persons who have a past criminal record.
This way, the court can examine whether the individual can be trusted to follow court orders. If the defendant has a past criminal record, including prior arrests, convictions, and failing to appear in court, then there are fewer chances that the court will consider your bail application.
On the other hand, a clean record or history can work in favor of the defendant and increase the chances of securing bail. Sometimes, the court also looks at the person’s character, background, and community ties to make an informed decision.
Assessing Risk to the Community
Granting bail to the accused person is risky, as it poses a risk to the community. However, the court reviews all the important factors before making any decision. If the court finds the nature of the crime is low and the defendant could not cause any harm to the community, then the court will grant bail.
But if the charges are of high intensity and the chances of threats to the public are high, the court will either deny bail or impose strict bail conditions. Additionally, the defendant must not have any connections with criminal organizations, otherwise the judge can view it as a danger to the community.
Conditions Imposed in a Bail Review Decision
We have discussed some conditions that the court might impose to minimize the risk of threat. The reason behind these conditions is to make sure that the defendant must appear in the court and does not cause any harm to the society. These conditions can vary from case to case and the defendant’s history. Common conditions that can be imposed by the court are:
- Travel restrictions
- House arrest
- Curfews
- Electronic monitoring
In some cases, the court demands the passport of the defendant so that the individual can’t travel anywhere till the final decision. Similarly, if the court has a specific concern about some suspicious people, it can stop you from contacting specific individuals.
Sometimes, financial conditions are applied in terms of increased bail amount. In this scenario, any responsible person will guarantee that the defendant will appear in court.
Conclusion
In conclusion, bail review hearing is an important process for anyone facing legal proceedings. However, the final decision depends on the various factors like case sensitivity and defendant’s previous record. That’s why it is always recommended to consult a specialized bail review lawyer in your particular city or state, they can make strong arguments in front of the court.
The court also considers public safety, and if they feel any danger from the defendant’s side, they can impose restrictions like a travel ban, curfews, or even financial guarantees.
