From a No Bond hold to Having a Bond

What does "no bond" mean during court proceedings? Many people ask this question. When law enforcement arrests you on a criminal charge and take you to jail one of two things will happen. Either they will release you from the police station on your own recognizance, with the understanding that you will appear at your scheduled court date or face an arrest warrant. Or, you may remain in jail until arraignment.

At your arraignment, a judge typically sets a bail amount. If you or a loved on can pay that amount, or bond out, the courts will release you until your trial begins. But what does "held without bond" mean? It's not good. You will remain in custody until, and throughout, your trial.
If this happens to you, contact a skilled criminal defense lawyer in South Florida. It may be possible to fight a no bond order in court, and you may still be able to receive a set bail amount and the ability to bond out.

How to Get a Bond When You Have a No Bond amount?

In order to change your bond status from no bond to a monetary bond amount, you need an experienced criminal defense attorney to advocate on your behalf in front of the courts. Judges often order "no bond" for those who commit particularly violent offenses, for individuals who are arrested while on probation or are out of jail on another bond, or for those they feel pose a significant threat to the community.

To prove that you should get a set bail amount your attorney will have to present a convincing argument that you are not a danger to the community and that you do not pose a flight risk.
Good arguments for lowering a no bond order include:

• Having family ties to the local community
• Being involved with your community, such as religious organizations
• Being gainfully employed
• Not posing any flight risk (your lawyer may argue that you do not have the financial means to leave the state or that you have no where to go)
• Surrendering your passport
• Having children that you care for
• Any responsibilities or commitments you have in the outside world that you are unlikely to abandon or put at risk

You have probably heard lawyers on television shows say their client "has strong ties to the community." This is exactly what your lawyer must prove. If you are a repeat offender with a violent record it may be more challenging to prove that you are not a risk to others, however your lawyer will always make the best argument available in your defense.

If your lawyer is unable to convince the judge at the time of your arraignment that the courts should release you on bail, you have the opportunity to file for a bond reduction at a later time. Your attorney will have to draft a motion for a bond reduction and the court will hold another official hearing to review the motion.

What Does "No Bond" Mean?

If the courts determine you will remain incarcerated with no bond, they will not release you to the public until your trial is over. There are certain crimes, if you're arrested and charged with, that a person is not entitled to a bond regardless of your ties to the community, danger level, and/or level of flight risk. These include murder or attempted murder, armed robbery, and more.

Some criminal charges will allow bond, but only after the judge who will be trying your case reviews the facts. These crimes include sexual offenses. Additionally, domestic violence charges often come with no bond until you see the a judge the day after your arrest.

However, even if you are not accused of crimes that automatically have no bond, such as murder, a judge may still deny you bail based on your criminal history or facts surrounding your case. Having an experienced criminal defense attorney on your side fighting for your release from jail is imperative.

What Is a Bond Reduction?

It is possible to have your bond reduced, however, you will need an aggressive defense attorney. If you are being held on no bond, your attorney will file a motion for another bond hearing. At that time they will present a case on your behalf, outlining the reasons the courts should grant you bail. Sometimes the stipulations may include that you remain under house arrest until your trial, with a monitor to ensure you abide by the ruling.

How Long Does a Bond Reduction Take?

According to Florida Statue 903.046, motioning for a bond reduction involves filing a specific petition with the court through your lawyer. You will have to wait until after your initial arraignment, where you are denied bail, and then proceed from there. These hearings are scheduled with the Judge's assistant and calendared when all parties are available.

A bond reduction hearing must take place in front of the judge who will be hearing your case during trial. You usually only have one chance to file for a bond reduction–though a judge may approve motions down the line if there is an extenuating change in circumstances.

Generally, a bond reduction hearing will take place within a few days of filing the motion. It may take longer if you file right before the weekend, a holiday, or if the court system is particularly backed up.

Building a Strong Case for Bond Reduction

Since you usually only have one chance at winning a motion for bond reduction, you want to ensure that your case is as strong as possible before heading to court. For this reason, your attorney may advise you to wait for a period of time instead of filing the motion right away.
Your lawyer will argue the following points when asking for a bond reduction:

• Whether you are a danger to the community
• Your past criminal record or lack thereof
• Your ties to the community
• The level of flight risk you pose, if at all
• The severity of your crime
• How strong the prosecution's evidence is against you

Additionally, it will work in your favor to have character witnesses present at the hearing. Whether your employer, close friends, family members, or a member of your religious community. Having individuals present who can speak to your responsibilities in the community and the good you do will significantly help your case.

Will I Have to Testify?

When asking "what does no bond mean?" and filing a motion for a bond reduction after learning you are going to be held without bail, many people then ask whether or not they will have to testify at the bond hearing. The answer is likely yes.

A judge will likely ask you questions about your ties to the community, your personal life, the charges you are facing, and more. Your criminal defense lawyer will advise you on whether or not you should speak, as you always have the right to remain silent. Often, though, it is beneficial if you make a statement as to why you believe you should get a bond reduction.

What Happens Next?

If the judge accepts your motion to reduce your bond, you will have the opportunity to pay your bail and be released from jail until your next court date.

Hiring a Defense Attorney

Many people ask "what does held without bond mean?" when they find themselves facing a situation where a loved one is incarcerated and cannot be released from jail. If this happens to you, do not wait. Hire an aggressive criminal defense attorney in South Florida immediately.

All hope is not lost. It is possible to file a motion for a bond reduction and you may be able to get bail set. However, you need an attorney who will fight tirelessly for you, building a strong defense case.