If a Defense Attorney files a motion for reduction of bail, how long will it take for the court to schedule a hearing?
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If a Defense Attorney files a motion for reduction of bail, how long will it take for the court to schedule a hearing?
ADA was able to file motion to increase bail, have the motion heard and signed off by a judge in one afternoon. Defense attorney said he would get attorney’s bond, claimed he was filing a motion to reduce bond and after 5 days is saying that the Court still hasn’t given him a date for the motion to be heard. I feel like something is really wrong.
Asked on May 9, 2011 under Criminal Law, Texas
Answers:
M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Although the process varies in every state (and often within a particular state's different courts) this does not sound out of the ordinary. In Connecticut, where I practice, it can often take several weeks to get a bond argument heard. In fact, sometimes it is not possible to get the motion heard by a judge before the defendant's next court date, and it frequently takes a fair amount of diligence and persuasion to get it heard sooner. To put it simply, courts and judges typically are just not in the business of making it easy for people to get out of jail. If I were you, I'd ask your attorney to explain, in detail, the particular process for getting these types of motions heard in your jurisdiction, and then consult with another local attorney to evaluate whether this is accurate.
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