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Confusion over bail bond hearings including what they are and who they apply to is common in California. This is because the term 'bail bond hearing’ actually applies to two different situations that can occur. The good news is that by reading the post below you’ll be able to get the information you need to distinguish between the two, as well as discover what you can expect from bail bond hearings, and how often they happen.
1. The Two Types of Bail Bond Hearings
All of the confusion over bail bond hearings comes from the fact that there are two different kinds. These are:
- Bail Bond hearings are held by the court for those arrested on serious felony charges.
- Bail Bond hearings as a term for when bail bond companies ask the court for modifications to the amount of bail being requested.
Bail Bond hearings are held by the court for those arrested on serious felony charges.
The first type of bail bond hearing is held by the Department of Justice with the judge or magistrate presiding, for those arrested for a serious felony. The purpose of such a hearing is to determine the level of threat the accused presents to the general public and ascertain whether they are a flight risk and can be released on bail or not. The accused attorney will provide information to the court so the magistrate or judge can make a ruling on this decision. This type of bail bond hearing is not common.
Bail Bond hearings as a term for when bail bond companies speak to the court to ask for modifications to the amount of bail being requested.
You may also hear the term bail bond hearing used in a situation where a bail bond provider negotiates the bail amount for the client with the court. The purpose of this activity is to ensure that the accused bail is set at a fair amount. This type of bail bond hearing is more common.
2. What questions will I be asked at my bail bond hearing?
Whether you are subject to one, or both types of bail hearing they will usually take place within 48 hours after you have been charged. Below you can find out what questions you will be asked in a typical bail bond hearing.
In a bail bond hearing you (the defendant) will appear before a judge or magistrate. They will ask you a range of questions to determine whether you should be granted bail or whether the bail amount set should be reduced.
Your attorney will be able to deal with and guide you on many of these questions. However, there are some it's a good idea to prepare for including the ones that show you are connected to your family and community.
Examples of these types of questions include:
In what ways are you involved in your local community?
To answer this, think about anything you do that is altruistic and helps others like volunteering for a charity, looking in on older neighbors, or helping with community or church events.
Other common questions judges will ask when determining your suitability to be granted bail include your familial status. You can expect questions such as:
Are you currently in a long-term relationship?
Do you have children? If so, how many and how old are they?
You will also be asked whether you have a job, and how long you have had it. Remember the judge will be looking to see that you are integrated into your life and community. This is because those integrated into their lives present less of a flight risk and less of a risk to others. Also if you have dependents, they will understand that you are providing for them, and so a request for a lower bail amount may be more likely to be granted. The ways you answer these types of questions will impact how likely they are to grant you bail.
3. What questions will be asked about me at my bail bond hearing?
In addition to questions asked of you, there will also be questions asked about you, usually directed to your attorney. These types of questions will be used to ascertain whether you are a risk to the community or pose a flight risk if you are granted bail.
The types of questions asked here can include things like:
- Has the defendant skipped bail previously?
- Has the defendant shown violent behavior?
- What is the defendant’s criminal history?
- Could the defendant be a risk to the public if let out on bail?
5. How Often Do Bail Bond Hearings Happen?
Bail Bond hearings of either type are relatively rare in California. However, there tend to be more bail bond hearings designed to get the judge to revise the bail amount than those establishing whether bail should be granted.
6. What Outcomes Can I Expect From My Bail Bond Hearing?
You can expect a range of outcomes from each type of bail bond hearing. Remember bail, or bail reduction is never guaranteed.
For bail bond hearings designed to establish whether bail should be granted, the outcome can be:
- Approval of bail is dependent on conditions that the defendant must keep such as wearing an electronic tagging device, not associating with other felons, etc
- Denial of bail. This means the defendant will have spent their time waiting for their trial in jail.
For bail bond hearings requested to lower the bail amount:
- The bail amount is reduced by the court
- The bail amount is reduced by the court, and additional conditions of bail are supplied.
- The bail amount is maintained by the court and if the defendant cannot pay this they have to await their trial in jail.
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