After being arrested, a person will appear before a judge to answer for the charges issued against them. A trial date may be officially scheduled for several months in the future, and while waiting for the formal day in court, a bail hearing may be held. Knowing what to expect at this hearing, as well as what to do and what not to do in preparation, can help you feel less stressed and more prepared.

Know What It Is

A bail hearing isn’t a trial but a part of the preparation for the trial. This is a process where a judge determines if a defendant is allowed to be released from jail on bail while the trial takes place. The hearing will decide if it is likely that the defendant will reappear for the trial as well as the amount of bail that must be posted. The defendant and legal representation are present, as well as a judge. The prosecutor may argue for a specific amount or ask that bail be denied. The judge will listen to both sides and take into account financial resources, personal character, nature of the crime and familial relationships.

Spend Time Wisely

Defendants don’t always have a lot of time to prepare for a bail hearing, and any time allowed must be used wisely. It may require the efforts of the defense attorney, friends, family, employers and other contacts to gather supporting evidence to show the defendant wouldn’t be a flight risk.

Paperwork

As bail allows a person to avoid jail time while waiting for their charges to be resolved, the court must believe that the defendant isn’t going to hide from the law and ignore any court appearances. Even though it is a huge financial risk to skip bail, it happens. Under the guidance of a defense attorney, family and friends may need to help gather documentation that will serve as character evidence. Being able to show stability and ties to the community can provide more favorable outcomes, and things like owning a home, having a full-time job, volunteering at a local organization or being a member of a local house of worship can serve as proof.

However, the court isn’t just going to take the defendant’s or attorney’s word for it. Documentation will need to be presented. These could be letters, school records, paystubs or other paperwork. Because the defendant may be incarcerated during this time, it will be up to the family and friends to gather this information. Witnesses may also be called to provide testimony, and these individuals need to arrive on time, dress professionally and be cautious about what they say.

Appearance

How the defendant presents him or herself at the bail hearing can impact the success of getting bail. Any outbursts or negative body language can be perceived as disrespectful to the court, potentially influencing how the judge feels about the defendant. It is imperative that the individual remain polite and respectful at all times, regardless of what might be going on or being said. The defendant should stand straight and tall and let the arms rest at the sides.

When asked a question, the defendant should speak respectfully, answering promptly and looking at the judge, keeping the voice even and loud enough for the judge to hear. It is important not to have any tone or attitude in the voice and to always make eye contact with the judge. The more respectful the individual can be, the more it looks like they are taking the case seriously. This can have a positive impact on the judge’s perception and result in bail leniency.

General Bail Hearing Tips

Preparation can’t determine the outcome of a bail hearing, but it can have a positive impact on how smoothly the process runs. Consider these do’s and don’ts:

  • Do be early to the hearing
  • Do follow the rules and procedures for filing documents
  • Do keep the case organized with a file or notebook
  • Do bring copies of important paperwork or documents
  • Don’t lie to the judge or memorize answers to common questions
  • Don’t ignore notices from the court
  • Don’t offer more information than you’re asked

How To Post Bail

If you’ve been granted bail at your bail hearing, All N One Bail offers a quick, efficient bonding process.  We handle bail requests all over the Memphis area. Contact us to find out how we can help.