Baton Rouge Criminal Defense Attorney Can Assist You With Bond Hearings

 What is Bail or Bond

If you have been arrested bail or bond is extremely important to you as it is your ticket out of jail.  Traditionally, bail is some form of property deposited or pledged to the court to persuade it to release a suspect from jail, on the understanding that the suspect will return for trial or forfeit the bail (and possibly be brought up on charges of the crime of failure to appear). If a bondsman is used and a surety bond has been obtained, the fee for that bond is the fee for the insurance policy purchased.  However, it is not refundable.  In most cases, a commercial surety or bondsman will charge you 12% of the bond amount.  For assistance with bail or bond issues Call Baton Rouge Criminal Defense Attorney Rhett Spano to schedule a free and confidential consultation.  Call now at (225) 341-7506 or fill out our online contact form.

What Are Your Rights To Bail

Under federal and Louisiana law, a defendant has a right to bail unless there is sufficient reason not to grant it.  Any person accused of committing a crime is presumed innocent until proven guilty in a court of law. Therefore, a person charged with a crime, should not be denied freedom unless there is a good reason.  The main reasons for refusing bail are that the defendant is accused of an imprisonable offence and there are substantial grounds for believing that the defendant would:

1.    Flee the jurisdiction
2.    Commit further offences
3.    Threaten or interfere with witnesses

The court should take into account the:

1.    Nature and seriousness of the offense
2.    Character and community ties of the defendant
3.    Defendant’s bail record
4.    Strength of the evidence 

The court may also refuse bail:

1.    For the defendant’s own protection.
2.    Where the defendant is already serving a custodial sentence for another offence.
3.    Where the court is satisfied that it has not been practicable to obtain sufficient information.
4.    Where the defendant has already absconded in the present proceedings.
5.    Where the defendant has been convicted but the court is awaiting a pre-sentence report, other report or inquiry and it would be impracticable to complete the inquiries or make the report without keeping the defendant in custody.
6.    Where the defendant is charged with a non-imprisonable offence, has already been released on bail for the offence with which he is now accused, and has been arrested for absconding or breaching bail.

Where the accused has previous convictions for certain homicide or sexual offences, the burden of proof is on the defendant to rebut a presumption against bail.  For assistance with bail or bond issues Call Baton Rouge Criminal Defense Attorney Rhett Spano to schedule a free and confidential consultation.  Call now at (225) 341-7506 or fill out our online contact form.

What Are The Conditions Of Being On Bail

Being on bail or bond is a privilege that carries certain conditions:
1.    Make all of your court appearances.
2.    Remain drug free.
3.    Refrain from criminal activity.
4.    Do not get arrested.
5.    Do not interfere with any witnesses.
6.    Refrain from contacting the victim(s).

If a defendant violates any of these conditions the judge may order your bail or bond revoked and you will be thrown in jail without bond. Alternatively, the judge may raise your bond significantly to deter further violations.  Therefore, it is important to abide by all conditions.  For assistance with bail or bond issues Call Baton Rouge Criminal Defense Attorney Rhett Spano to schedule a free and confidential consultation.  Call now at (225) 341-7506 or fill out our online contact form.