Bond Questions, Posting Bond and When Bail Is Denied
A 31-year-old cab driver, accused in the Dec. 22 fatal shooting of a nanny who was riding her bicycle on South Olive Avenue in West Palm Beach, was denied bond this morning in court.
Rupert O’Neil Harty, of suburban West Palm Beach, told investigators that he “heard a voice tell him to go kill someone” around noon on Dec. 22. He shot Amaria Grant around 20 minutes later, according to the arrest report released by city police.
Harty will be charged with one count of first-degree murder. He was arrested late Thursday night and booked into the Palm Beach County Jail just after midnight.
Making his first appearance in court around 9:45 a.m. today, Harty appeared in jeans and a white plaid shirt with his hair pulled back.. He spoke only to a public defender. Palm Beach County Circuit Court Judge Caroline Shepherd ordered Harty be held without bond (full story, source)
In most cases, you are entitled to a reasonable bond set by the court. Generally, this requires that you post a bond with the court. A bond is a binding agreement to pay money to the court in the event that you do not appear for your scheduled court dates. A bond is intended to ensure your appearance in the case. Your bond may either be a cash bond in smaller cases, or a surety bond in larger cases.
To post a surety bond, you will need the assistance of a bondsman who will file a bond with the court on your behalf, guaranteeing your appearance at all scheduled court dates. The bond is a conditional release, therefore, if you are arrested for subsequent offenses while you are out on bond, your original bond may be revoked by the court without notice. If you cannot afford to post the bond that is set by the court, it may be necessary to request a bond reduction hearing with the court. Depending upon the severity of the allegations made against you, the court may also impose other conditions of your pre-trial release, which could include many other restrictive conditions, such as electronic monitoring.
Federal courts have the power under the Act to deny bail when a defendant poses a danger to someone or the community. People at risk include the victim, an informant or a witness. The community can include a city, state or the US. However, community isn’t always limited to a location in the US. For example, a court that denied bail to a terrorism defendant determined that he posed a danger to a foreign country.
The bail process begins when the government files a motion and asks the court to find the defendant too dangerous for release. In other words, the government wants the judge to deny bail because no matter what the conditions of bail are, safety of the community can’t be guaranteed. This hearing is held at the defendant’s first appearance before a judge.
Determining if a Defendant is Dangerous
Under the Act, there are specific offenses that presume a defendant is dangerous. These offenses include:
- Crimes of violence
- Crimes where the penalty is death or life imprisonment
- Drug offenses where the penalty is 10 years or more in prison
- Felonies involving repeat offenders
- Felonies, which aren’t crimes of violence, that involve minors, possession of weapons or failing to register as a sex offender
Although state laws vary, most courts assume that defendants charged with crimes punishable by death are dangerous and bail isn’t appropriate. Essentially, the worse the crime, the more likely a defendant will be considered dangerous. Likewise, previous convictions increase a defendant’s chances of being deemed a danger to the community. For instance, a defendant charged with assault with a dangerous weapon, who was a repeat offender and threatened a witness was denied bail.
Source: Criminal Lawyers
West Palm Beach Criminal Defense Attorney
West Palm Beach lawyer Andrew Stine focuses exclusively on criminal defense cases and has an exceptional track record of results spanning the last ten years. A former public defender and medic for the U.S. Army, Mr. Stine is known for being proactive. He represents his clients aggressively, armed with individual attention and a passionate respect for their rights to due process.
When you are accused of a crime, your freedom, your family, your reputation and your job may be at stake. Be certain of your attorney’s competence, reputation, expertise and experience as a Criminal Defense Lawyer.
POSTING BOND OR BAIL
Law Firm Of Andrew D. Stine P.A.
After the accused has his or her First Appearance, Mr. Stine will help provide the family members with a Bail Bonds Company. Mr. Stine will help make sure that your loved one is granted a reasonable bond and assure that the bond will be posted by a reasonable bonds person. If the accused is placed on house arrest, electronic monitoring wherein the accused must stay within the confines of his or her home, Mr. Stine will help and make sure the home is ready for the device. Meaning, that a hard telephone line or service is in place, assuring the house arrest supervisor receives the court order, and most importantly makes sure the county jail releases the accused in a timely manner.
Free consultation 24/7: Call West Palm Beach criminal defense lawyer Andrew D. Stine, P.A. at (561) 832-1170. Se habla español.