Bail Bond Reductions

      

Reduction of Bail:
A person charged with a crime is entitled to be released on bail pending trial in most cases. Bail is security given for the release of a jailed person which guarantees his attendance at all required court appearances. A person charged with an offense has a right to be admitted to bail in all cases except where the evidence of guilt is strong that he committed: A capital offense, A felony while he was free on bail awaiting trial on a previous felony, A felony while he was on probation or parole for a felony.

Any person who is admitted to bail may likewise be released on his own recognizance, i.e., released without posting bail at the discretion of the court. In setting bail, the following criteria are usually used: Financial condition of the accused; Address of the accused and his employment history; Occupation, name and address of employer; Family situation and history; Prior criminal record and pertinent facts of the particular offense.

In most jurisdictions bail may be posted in cash or by a written guarantee called a bail bond. The person who posts the bail bond is called a surety. Typically this is done thru a Bail BondsBail Bondsman
or Bonding Company. Individual’s can be sureties, these are persons who collectively own real or personal property within the state with a net worth of at least the amount set in the order for bail. This type of bail usually requires a motion outlining who the individual sureties are, proof of property ownership and equity values. The court may or may not accept this type of bail.

In some cases the amount set by the court is excessive, considering the accused person's financial status, the nature of the alleged offense and other facts. When this occurs it is customary to file a Motion to Reduce Bail or a Motion to be released on his/her own recognizance (ROR). The motion is an application to the court for an order reducing the bail, stating the grounds upon which it is made. It must be filed within the time prescribed by law. The real purpose of bail is to ensure the attendance of the accused at all required court appearances. Therefore, if you can show the court that the accused resides and works in the immediate area or perhaps owns property in that area and that the accused is not a danger to the community the likelihood of that person's being admitted to a reduced bail increases.
 

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Florida Miami-Dade 305-860-1001 New York New York City 212-274-1414 Brooklyn & Bronx 718-681-1000 Queens 718-793-3872 Long Island 631-224-5937

 

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Call Toll Free 1-800-224-5937

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