If not given a Desk Appearance Ticket after an arrest, a criminal defendant will appear before a judge to determine the amount of bail or whether the accused should be held in jail without bail. This can be done at a bail hearing or combined with an arraignment where a formal reading of the charges is made. The judge will usually release a defendant after a bail hearing and set the amount of bail which must be posted. The judge will also decide if the bail must be posted in cash or if the defendant will be allowed to post a bail bond.
Each case is different, and it is not possible to provide advice as to what to do. Legal advice for your particular case can only be provided by a lawyer licensed in your state and only after personally consulting with you. If you are not at fault, then your can look forward to a bail hearing. However, if a criminal defendant has a prior criminal history or if the charges are a serious misdemeanor or felony it may be worth calling a private criminal lawyer to represent you at the bail hearing.
When you are accused of a crime, getting arrested and spending time in jail can be an unfamiliar and frightening experience. Fortunately, since you are legally innocent until proven guilty, in many cases a judge may allow you to be released until your hearing or trial. Hiring a bail hearing lawyer can be very must helpful. However, the judge may order that you provide some form of guarantee that you will return to face the charges against you before you can be released from custody. In such a situation, you must look to hire a well-qualified bail hearing lawyer defend you.
It could be a reduced sentence, bail release; time served included in sentencing, serving time on weekends, and plea bargaining. It can also mean being found innocent of wrongful charges. When your future is at stake, having a good lawyer to plead for bail hearing Canada and to represent you against the crown's charges or a suit brought against you, could mean saving your life. You need to take your time and find a lawyer who can present your case clearly and convincingly.
If an accused cannot afford to pay bail, he may ask the court to reduce the bail amount. At a bail hearing reduction hearing, the court will determine an appropriate bail amount by considering the accused person's criminal background, history of showing up for the court, ties to the community and family and whether the person presents a danger to others. However, the procedural requirements for requesting a bail hearing can be confusing. If an accused cannot afford bail, it is unlikely he can afford an attorney to assist in filing the appropriate motions with the court.
An experienced criminal lawyer knows what information to ask a client and what needs to be presented to the judge to have their client released ROR (without bail) or with an affordable bail at the bail hearing. The public defender is a licensed attorney who is charged with zealously representing the defendant, and since the public defender represents many defendants at hearing bail every day, it can be said that the public defender is very experienced.