How Does a Defendant Get a Bond Reduction?

The bottom line is that you will need to get an attorney to accomplish this for you.  Only an attorney can coordinate an agreed reduction with the District Attorney’s Office or get you a bond hearing in front of a district judge. Statue holding the scales of justice with overlay text saying "Rights Protection, Zealous Representation, Case J. Darwin, Inc.""

The Bond Reduction Process

An attorney can negotiate a reduced bond through a couple of different means: 

Bond Reduction via the District Attorney

The attorney can coordinate with the local district attorney’s office to try and negotiate a lower, affordable bond amount.  If an attorney gets such an agreement, the Judge will sign off to the lower bond amount, typically without a hearing. The benefit of this practice is that it is extremely quick, and the defendant gets a guaranteed, lower bond amount.

Bond Reduction via a Bond Hearing

The attorney can also have the defendant brought to court to go before a Judge, where an evidentiary hearing is conducted to lower the bond. There is no guarantee that the bond will be lowered. In fact, the Judge could choose to increase the bond amount, although this rarely happens.

How does a bond hearing work?  

The attorney will put on testimony through the defendant or his friends or family.  They will testify as to the defendant’s character, and how he is not a danger to the community. If a defendant has a track record of working, that will help as well.  The defendant must also show that the bond is not currently affordable and prove that they have made an effort to post such a bond.

What if there isn’t an indictment?

If the court has not indicted the defendant the attorney will have to file a Petition for Writ of Habeas Corpus. Since there is no indictment, i.e., no cause number, a defendant does not have any court dates. The Writ brings the defendant over to Court for a bond reduction hearing. Once in court, the attorney can agree with the State to a lower bond amount or put on evidence for the Judge in order to request a lower bond amount.

The Bottom Line

If a judge has indicted the defendant the attorney will file a Motion for a Bond Reduction. The attorney will then either agree with the State for a lower bond amount or put on a hearing in front of the Judge, similar to the Writ process.

Contact the experienced attorneys at Case J. Darwin for more information on Bond Reductions, we are here to help!

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