A hearing is held before a Magistrate, Municipal Court Judge or Circuit Court Judge to determine whether or not a Defendant will be released on bond prior to his or her court date. Criminal law and associated bond hearings can be complicated. Attorney Ramon A. Moore has experience in criminal cases and fully understands the details of Illinois statutes and the bond hearing process. Call 312.332.5134 immediately if you’ve been accused of a criminal offense.
The bond hearing is set within a certain amount of time after a defendant’s arrest. The defendant is entitled to a bond hearing within 24 hours after being arrested, so bond hearings are held every day twice a day. The defendant will appear in a courtroom, or in some cases, appear by video and/or voice technology. The judge can see the courtroom where the defendants wait for their bond hearing.
Generally, bond is set once the arrest is processed, but certain individuals may have to wait for a bond hearing. If the defendant allegedly committed a crime for which no bond will be set, they will appear before a criminal court to determine if there will be a bond, and what the bond may be if one is issued. A court may deny bond if it thinks that a defendant will harm himself or others, or if the court thinks the defendant may be a flight risk.
Defendants that have been arrested, but have not had their bond hearing are brought to the courtroom where the judge will read the charges and determine whether there will be a bond. There are several circumstances in which bail may be denied:
- If the court suspects that bond money may have come from criminal actions, the court may either deny bond or require the defendant to show proof that the bond money was not obtained in the commission of a crime.
- If the defendant cannot produce this information by the bond hearing, the court may deny bond to prevent the defendant from using the money on his bond.
- If the court thinks the defendant may be a flight risk, the court will also deny bond. This could happen if the defendant has already tried to leave the country after the commission of the crime. It could also happen if an inordinate amount of money was obtained during the commission of the crime.
- At the bond hearing, the judge may deny bail on the grounds that the defendant may use the money to leave the country to avoid prosecution.
Attorney Ramon A. Moore understands that you do not want to stay in jail for months waiting for your case to be resolved. He also know that it can take an enormous emotional and financial tolls on your family. It’s highly advisable to hire an attorney to represent you before, during and after your bond hearing. As your attorney, he can help you increase your chance of a successful hearing by assisting in obtaining a fair and reasonable bond amount for you.
To determine what is necessary to ensure a defendant’s appearance at trial, a judge or magistrate examines the nature and circumstances of the charges, with particular attention to whether the offense involves violence or narcotic drugs.
Where a defendant poses a threat to the safety of the community, he or she may be held without bail. In other situations, federal law typically requires that a defendant in a federal criminal case be released on personal recognizance or upon execution of an unsecured appearance bond. Released defendants must not commit any crimes during the period of release.
Both the defendant and the government may appeal an adverse bail decision. The scope of review is limited, however. The only question for an appellate court is whether the trial court abused its discretion.