Bond and Pre-Trial Release
An arrest for a criminal offense is always a stressful experience. If you are arrested, you will likely be taken to jail where the next steps might be confusing and alien to you. You may be receive a bond that you are able to post, you may be released on your own recognizance (“ROR”), or you may be released to pretrial services who will enforce certain conditions of your release. In some circumstances, you may be issued a bond amount that you cannot afford. And if you have been arrested for a violation of probation or for an offense punishable by life, you may be held without bail. It is important to consult an experienced Clearwater Defense attorney who has a clear understanding of all Pre-trial release issues. The attorneys at Hanlon Law fight for their clients through every stage of their case.Pre-Trial Release
If you are unable to immediately post bond, it is important that you contact an experienced defense attorney in Clearwater who can help secure your release. Sometimes, a bond may be imposed that is too expensive for you to afford. Other times, the court may impose restrictions on your bond that you do not understand or have difficulty complying with. It is important to remember that following an arrest, you are presumed innocent and along with that presumption, there is a presumption that anyone arrested for a crime should be released under reasonable conditions. A court can restrict your ability to travel, order you to cease contact with an alleged victim, or even order house arrest and a GPS monitor.
If you or your loved one are unable to bond out of jail, the Clearwater attorneys at Hanlon Law can move for a hearing to set reasonable bond conditions. When determining what conditions of release are reasonable in each case, a court may look at the nature of the crime itself and the penalties you could be facing. The court must also consider your ties to the community, your ability to post a monetary bond, your likelihood to voluntarily appear in court, along with several other factors.
Being held in custody for criminal charges is a harrowing experience. In order to quickly and efficiently secure your release from custody under the best possible conditions, it is imperative that you contact the experienced Clearwater defense attorneys at Hanlon Law.Bond or “Arthur Hearing”
If you are charged with a serious criminal offense that carries a maximum sentence of life in prison, you may not immediately be entitled to a reasonable bond. Crimes punishable by life include murder, armed robbery with a firearm, kidnapping, sexual battery, armed burglary, and burglary with a battery to name a few. If you have been arrested and charged with such an offense, it is likely that you will be held with no bond until your attorney requests what is known as an “Arthur” hearing.
An experienced Clearwater criminal defense lawyer will be able to request an Arthur hearing where the prosecution will be required to present evidence in order to continue to hold you without bond. First, the prosecutors must present evidence that shows that you committed the offense for which you are charged to the level of “proof evident and presumption great.” This level of proof is even higher than the “beyond a reasonable doubt” standard required to prove someone’s guilt at trial. If the prosecution cannot do this, you will be granted a bond.
If the State is able to prove to that standard that you committed the offense, the Court can still grant you a bond if it finds that you are not an immediate danger to the community and that you are not a flight risk. It is imperative that you retain an experienced defense lawyer to effectively petition for your release at this stage of the case.Consult an experienced Defense Attorney in Clearwater
Should you or your loved one find yourself in this unfortunate situation, it is important to retain a lawyer with the tools needed to secure your release from jail. The lawyers at Hanlon law have that experience and a reputation for zealously seeking the best results for their clients. Contact us now at 727.897.5413.