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What to expect at a bail hearing

On Behalf of | May 21, 2021 | Criminal Defense

The bail hearing procedure gets complicated in Pensacola, Florida, because the courts have to examine a wide variety of factors to determine if the defendant can show up to court. These factors include whether the person was placing the community at large at risk, if the person was on parole when the arrest happened and the weight of the charges against the defendant.

What do the courts review when considering the character of the individual?

A judge will first review the case to determine if the individual has physical or mental limitations. Often, they will check out the financial history of the individual because the defendant may not pay for the bond if they come from a low-income household. If they have a long history of drug abuse, this should also get factored into the court’s decision.

What happens if an individual is a risk to the community?

Most criminal law judges impose conditions on individuals who are potentially harmful to the community. One condition a defendant may have to comply with is following a set curfew. Another typical condition is that they cannot possess any firearms.

What happens if the defendant tries to appeal a decision?

One of the first things that happen is that the appellate court determines if the trial court judge was directly disingenuous or abusive in their decision. Unless the trial court decision is clearly unreasonable, in most cases, the appellate court will uphold the initial decision.

As you can see, the courts have many factors to consider when determining if a defendant should receive bail. If you are going to trial, speaking with a criminal law attorney may help prepare you and inform you of what rules may get imposed.

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