Articles Tagged with arraignment lawyer

The purpose behind the setting of bond or bail is to ensure that the Defendant appears at future Court dates, and to protect society from danger.  Courts, when they set a bond can consider: personal bonds (which means that no money has to be paid for the Defendant to remain free in the community); cash bonds; surety bonds; and 10% provisions (which means that the Court only requires 10% of the total bond amount to be posted.  The Court, however, will keep 10% of the 10% posted at the conclusion of the case – provided that the bond is not forfeited by the Court because of a violation of the bond by the Defendant).

The Court can deny any bond if the Defendant is charged with murder or treason.  Also, if the accusation is a violent felony, and at the time of the alleged commission of the violent felony, the Defendant was on probation, parole, released pending trial for another alleged violent felony, OR during the 15 years preceding the alleged violent felony, the Defendant had been convicted of 2 or more violent felonies arising out of separate incidents, the Court can also deny bond if the Court finds that proof of the Defendant’s guilt is evident or the presumption is great.  The Court also has the ability to revoke the Defendant’s bond upon conviction and prior to sentencing for a violent felony offense.

Other than that, the Court has to set a bond.  However, Judge’s have wide discretion to set unreasonable bonds.  Because some Courts have tendencies to set unreasonable bonds, it is important that the Defendant is represented by an experienced and talented attorney who is prepared to address the issue with the Court.