There are times when a potential client’s bail amount is so high that he and his family cannot pay the premium or provide the necessary collateral. The only way the defendant is going to make bail is for the bail amount to be reduced. As a bondsman, you can help make that happen by providing valuable testimony at the defendant’s Bail Reduction Hearing Brampton.
In most states, a judge setting bail must consider the defendant’s risk of flight and the safety of the public and alleged victim. The judge should set the bail in an amount sufficient to ensure the defendant’s appearance at all court hearings. The Eighth Amendment to the Brampton Constitution, however, prohibits “excessive bail.” Before testifying, you should thoroughly underwrite the bond. You should meet with all indemnitors and, if possible, the defendant. All relevant documents, such as pay stubs, deeds, and mortgages, should be gathered. Finally, you should discuss your testimony with the criminal lawyer toronto before the hearing. Your testimony should include the following topics:
1. Your experience as a bail bondsman. The judge will more likely accept your testimony if he determines you are experienced and professional.
2. Your experience performing fugitive recovery work. If the judge believes you are capable of finding and returning the defendant should he become a fugitive, then the judge may lower the bail amount.
3. The results of your interview with indemnitors. You should testify about each indemnitor’s job, stability, and reputation in the community. These likely will affect the judge’s view on the defendant’s flight risk.
4. Your opinion regarding the defendant’s flight risk. Explain to the judge why youthink the defendant’s flight risk is low – family ties, job, prior case appearances, etc.
5. Assets that the indemnitors have to secure a bond. If the judge understands that the defendant’s parents only have $50,000 of equity in their home, he may agree that the forfeiture of a bond would mean the defendant’s parents would lose everything if their son became a fugitive.
6. The defendant’s check-in requirements if he makes bail in brampton canada. A judge will feel more secure in lowering bail if he knows that the defendant is required to check irregularly with the bondsman by phone or in person. You can even offer to put the defendant on electronic monitoring and house arrest.
7. Your willingness to write, with your insurance company’s approval, a bond of a specific amount.
By providing the testimony, you only help secure a bond you previously could not write, but also you provide your client with a valuable service. In addition, you will gain reputation in the community as a high-quality, professional bondsman.
A number that can be much, much more difficult to come up with. In cases like this, it’s possible to get Bail Reduction Hearing Brampton. The first thing that must happen is the defendant must have an attorney appear before the court on their behalf. Sometimes, at the arraignment, an attorney can get the amount of bail reduced at the actual arraignment, but most of the time a bail revocation hearing brampton is going to need to take place in order to get the defendant’s bail reduced.
When defendants are advised that they are about to attend their bail hearing, many are eager to get a bail set so that they can then post a bond. Unfortunately, many are surprised when they are hit with a high or excessive bail. If a defendant cannot make bail, he may want to seek Bail Reduction Hearing Brampton. Each state provides rules and procedures for obtaining a bail reduction; however, the general rule is that the burden on proving the need for a reduction is on the defendant.
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