Criminal Defense in Your Neck of the Woods
If you are arrested in Orange, Seminole, or Volusia County you may be in need of a bond hearing or an emergency bond hearing. A person is held on a no bond status for a variety of reasons. If you are currently out on bond and rearrested you are not automatically entitled to a bond, or if you are arrested for Violation of Probation (VOP) you are not automatically entitled to bond. In some instances a Judge determines the charges are too serious such as a life felony, the Defendant poses a threat to the community if released, or the Defendant will reoffend if released.
That said, the purpose of bond is to ensure that an individual does not flee while there charges are pending and that they show up for scheduled court dates. If a person is being held on no bond a lawyer can file a bond motion with the Judge whose division the case is assigned, argue the bond motion, and even request the Judge to lower the bond amount.
Once an individual is arrested they must see a Judge within 24 hours of their arrest for the Judge to determine if (1) the arrest was valid for the case to go forward and (2) to determine if bond should be set and for how much. Many times bond will be set prior to the First Appearance and a person may be bonded at that time. However, hiring an attorney prior to First Appearance is critical and can wind up saving you and your family money in the long run. Although bond is generally available to all persons a Judge at First Appearance determines what conditions bond will be and how much. If a skilled and aggressive attorney is present at your first appearance that attorney can attempt to reduce the severity of the bond amount and bond conditions that may include: GPS Monitor, no contact with alleged victims, no contact with minor children, and no return to your residence.
Nebia Hold Nebia v. New York
In some instances, usually drug or organized crimes, a Judge will require that if a bond is in fact posted that the Defendant prove that the funds to procure the bond are legitimate. A person would need to retain an attorney quickly to file and argue a Nebia Motion in front of the assigned Judge and present witnesses if necessary.
Facts the Judge Considers when Determining Bond
(1) The individual's ties to the local community (2) the individual's past criminal history (3) whether the individual is on bond or has violated probation (4) whether the individual is likely to recommit a crime while on bond
Contact Seminole and Orange County Criminal Defense Attorney, Ryan Yadav, 24 hours a day 7 days a week, for a free consultation if you, a family member, or friend is being held on no bond.