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What does it mean to file a motion for a bond
Anonymous3 views3 answers
my boyfriend is in jail for a violation of probation got sentenced 360 days.He has a pending charge.The lawyer said he was filing a motion for a bond what is that
Typically, if a judge or a prosecutor will not grant or consent to a bond, then a person can formally request a hearing (by filing a Bond Motion) in which an attorney can give the court good reasons as to why he/she should grant a bond to a defendant and the type and amount of bond in order to get the defendant out of jail while the case is pending.
Since he appears to have an attorney, he should ask his attorney as to what options are available for his two cases.
A motion for a bond is, quite simply, a motion that asks the presiding judge in the case to let the defendant out on bond, as opposed to sitting in jail until the case is disposed of. Depending on the type and severity of the charge, the bond amount maybe anywhere from a few hundred to a few hundred thousand dollars. Lawyers also frequently file motions to have bond amounts lowered, if it looks like the defendant will be unable to round up the money to pay the original amount.
Be aware that probation violations are completely different. If a defendant's probation is revoked, and the judge orders that person to sit in jail for X number of days, there will be no bond available. The number of days in jail after a revocation hearing is part of the court's punishment sentence and the defendant will not be allowed to bond out.
Perhaps the attorney was going to file a motion for a bond prior to boyfriend's violation of probation sentence. After boyfriend was sentenced to 360 days for violating the conditions of his probation, he is not eligible for a bond on the sentence. Attorney may request the judge allow boyfriend released for work release during the sentence. Boyfriends eligibility for work release would depend on a host of factors and many judges will not consider work release. Speak with boyfriend's attorney, ask questions.