A white collar crime is a crime that is often committed by a professional that involves some type of fraud or deception that results in financial gain to the perpetrator or others. White collar crimes are serious offenses that must be taken seriously.

It is important to contact a lawyer as soon in the process as possible to help protect the defendant’s rights. Being aware of white collar crimes and their implications can aid in the defense.

Derivation of the Phrase “White Collar Crime”

Sociologist and criminology expert Edwin Sutherland first coined this term in a speech that he delivered in 1939. According to Sutherland, someone is more likely to commit a crime when he or she is surrounded by criminal behavior as observed by those around him or her. Sutherland’s belief is that white collar criminals should not be punished as harshly as other criminals. He based this belief on the notion that white collar criminals are typically considered less dangerous. They are believed to be less likely of recidivism. For these reasons, he lobbied for more lenient sentences for individuals convicted of these types of crimes.

Modern Definition

Today’s definition includes the traditional definition that incorporates crimes committed by business professionals through their chosen profession. White collar crimes also include fraud and embezzlement. They may include such crimes as wire fraud, mail fraud, insurance fraud, bankruptcy fraud, money laundering and bribery.

Characteristics of White Collar Criminals

This crime is dubbed as white collar due to the professional standing of the perpetrator. These individuals often have a respected position in the community, such as a money manager, financial planner, banker, accountant or similar field.

They often occupy a place of higher socioeconomic status than many criminal defendants. Due to this characteristic, these types of criminals often have the ability to pay more for their defense, which often results in greater outcomes for these defendants than for others who have to rely on overworked public defenders. Having a higher salary and income level often translates into being able to hire the best and most expensive lawyers who will zealously fight for their interests in court. In contrast, individuals who are part of a lower socioeconomic level may not be able to afford a private lawyer and may be appointed a lawyer.

Effects of White Collar Crimes

While white collar crimes may not result in the same type of physical injuries as other crimes may, they may still result in significant consequences. If the money cannot be recovered, a business may go out of business. Employees may be terminated to make up for the loss of business funds. Individuals may lose their life savings because the retirement funds that they had invested were tied up in a Ponzi scheme unbeknownst to them.

Potential Punishments

Many people believe that white collar crimes should not be punished as harshly as crimes committed by people that involve violence like burglary, mugging or robbery. However, as discussed above, the effects of white collar crimes are real and can be devastating in nature. This means that when white collar criminals are convicted that they often receive sentences as long as the sentences that violent offenders receive. Many drug crimes are prosecuted by federal prosecutors and so are many white collar crimes.

However, one significant difference that may exist between the punishments that white collar criminals receive and others receive is that the white collar criminal may be locked up in minimum-security prisons. In these prisons, criminals may have greater freedoms like access to cable television, the internet and the outside. Criminals in maximum security prisons are often subject to less safe prison environments.

A person’s status in the community and prior criminal record are often considered at sentencing, which may provide a basis to give a white collar criminal less time than a hardened criminal.

Legal Assistance

Individuals who are charged with white collar crimes may decide to contact a criminal defense lawyer experienced in this area of the law. He or she may be able to explain the defendant’s rights to him or her and get involved in the process well before any formal charges are filed. This may allow a criminal defense lawyer to negotiate an agreement with the prosecutor that may prevent charges from ever being filed, such as allowing the defendant to pay restitution to the victims. The punishments that a white collar criminal defendant can face are substantial. Federal prosecutors are often intimidating. A criminal defense lawyer can help protect the defendant’s rights.

As defined by law, assault can be constituted in different ways. The only difference between assault and domestic violence charges in Maryland is the potential for other charges such as harassment and stalking. The charges can be domestically-related if the other person involved is a spouse, partner, child, or an adult who may be vulnerable.

When a person’s case fits under a domestic violence matter, it is based on the relationship they have with the individual who assaulted them. When facing either of these charges, an individual should reach out to an experienced domestic violence lawyer who can help them build an appropriate defense.

Classifications Of Assault

An individual should have an understanding of what assault is before comparing the difference between assault and domestic violence charges in Mississauga. They only has two counts of assault, assault in the first degree and assault in the second degree. Second-degree assault is a misdemeanor charge.  First-degree assault is a serious felony assault charge.

It is important to note that assault in the second degree occurs in a number of ways. Assault can be conduct or statements that make a reasonable person believe they are in immediate danger of bodily harm. Verbal conduct or outward conduct can be a technical assault. Assault can also be the attempt to hit someone but not actually hitting them, just the attempt itself.

Actual contact with an individual is another form of assault. If that contact is so great that someone is injured substantially, a misdemeanor assault can become a felony. A first-degree assault charge can also include an assault scenario with a weapon such as a gun, knife, lamp, or another object that can cause serious bodily injury. Charges labeled as reckless endangerment can be included as well.

Being Charged For Domestic Violence And Assault

There is no difference between assault and domestic violence charges. The authorities label the file domestically. Certain things indicate an assault is a domestic matter. For example, when there is a domestic partnership of some type and an assault occurs it can be labeled as a domestic matter.

Difference In Case Treatment

There is no difference in defense strategies for assault and domestic violence. Sometimes one person assaults someone they do not know. In a domestic matter, the person assaults someone they know and has a long relationship or intimate relationship with. In its own right, the situation is looked at differently and treated much harsher because the offense is against someone who has a trust built relationship with the aggressor.

Consequences Of Domestic Violence And Assault Charges

There is no difference between assault and domestic violence charges. If a case may be labeled domestic it does not affect the penalty in any way. The maximum penalty for an assault second degree is 10 years. If the case is labeled domestic, some things in a disposition from a judge may be different. They might send the person to couple’s counseling, or anger management classes, or may have the person do community service. The judge details the file differently and asks for things that may be different in probation. The judge focuses on the fact that this is a domestic matter and merits close attention.

There is no difference in long-term consequences for domestic violence charges and assault charges. One of the consequences of being charged with assault is that anyone looking at the person’s record considers them to be a violent person. When it is cited as a domestic matter, that information is available to anyone checking the person’s record and they know that this involves an intimate matter. That is generally frowned upon and is not acceptable in any way.

A young offender is someone between the ages of 12 and 17 who commits an offence under federal law, such as the Criminal Code or the Controlled Drugs and Substances Act. Rather than being treated as an adult, young offenders cases are processed under a special law called the Youth Criminal Justice Act (YCJA)  and are now referred to as “young persons” under that Act. Although a young person can still face serious penalties for certain offences, they are not sent to adult prisons and there is generally a greater emphasis on rehabilitation.

How is a young person treated differently?

A young person is treated differently from an adult in at least three specific ways. First, a young person is given some extra legal rights. In addition to the normal right to consult a lawyer when stopped by police, young persons also have the right to speak with their parents or guardians, and the right not to be publicly identified.

Second, a young person’s trial takes place in a different court. Whereas adult trials take place in the Superior Court of Justice, or in the Ontario Court of Justice, young person trials take place in Youth Justice Court. The trial is often held in private and the details of the case are confidential.

Third, the penalties for young persons are different, often with more options and more flexibility. In the first place, the young person is often dealt with outside of the court, through Extrajudicial Measures. Examples include warnings from police, referrals to community programs and extrajudicial sanctions.  See 782 Extrajudicial Measures and Sanctions for more information.

As well, the judge could:

• place the young person under the supervision of their parents,
• order the young person to be at home by a certain time each night,
• order the young person to perform community service, or to pay a fine,
• order Intensive Support and Supervision, which provides closer monitoring and more support than a probation order to assist the young person in changing his or her behaviour, or
• order Attendance which requires the young person to attend a program at specified times and on conditions set by the judge.

Although the judge has the power to place the young person in a foster home or in a detention centre, this is generally a last resort. The court only separates a young person from their family if there are no other ways of dealing with the offender and protecting the public. Instead, the judge may order deferred custody. A Deferred Custody and Supervision Order allows a young person who would otherwise be sentenced to custody to serve the sentence in the community under conditions. This order, however, is not available for offences in which a young person caused or attempted to cause serious bodily harm. For more serious and violent offenders, the judge may order Intensive Rehabilitative Custody and Supervision.

A criminal trial can have a number of serious implications and consequences for a young person. For more information and assistance, contact young offender lawyer Mississauga, or visit the Ministry of Children, Community and Social Services, Youth and the Law.

Young people have rights and responsibilities when it comes to dealing with the police and breaking the law.

A crime is an act that breaks one of Canada’s criminal laws. A crime is sometimes called “an offence”. For example, if someone robs a bank, they have committed the crime of robbery, which is an offence under theCriminal Code of Canada.

If a person is 12 to 17 years old and is charged with a crime, the Youth Criminal Justice Act applies. TheYouth Criminal Justice Act (YCJA) is a Canadian law that guarantees the rights of young people in the criminal justice system.

The law applies to youth between the ages of 12 and 17.  A child under the age of 12 cannot be charged with a crime. At age 18, a person is considered to be an adult in the eyes of the court and will go to trial in adult court.

Pleading guilty

If the youth pleads “guilty”, the judge will decide on a sentence (punishment) and there will be no trial. Before deciding on the right sentence, the judge will ask for more information about the youth. This information can come from the youth’s parents, his or her probation officer, or other people who know the youth.

Pleading not guilty

If the youth pleads “not guilty”, the court will set a trial date. At the trial, the Crown prosecutor will ask witnesses to say what they know about the crime. The youth’s lawyer will also ask these witnesses questions. The youth’s lawyer might ask the youth or other witnesses to give evidence (say what happened). The Crown prosecutor will ask questions.

At the end of the trial, the judge will decide if the youth is guilty or not guilty. If the youth is not guilty, he or she is free to go. If the judge decides the youth is guilty, the judge will decide on a sentence (punishment).

Youth Sentencing

Judges apply special rules when sentencing youth. Sentences should be similar to other youth sentences in similar cases. A sentence should not be more severe than a sentence given to an adult. The judge will give a sentence that helps the youth feel responsible for their actions. Sometimes a youth’s sentence is to do community service, like volunteering in a homeless shelter. Learn more about youth sentencing.

Who will know about the youth’s crime?

When a youth is convicted of committing a crime, his or her name cannot be published. This is done to protect the youth. If the youth’s identity is not protected, he or she might find it difficult to return to his or her community. It might also affect the youth’s ability to move forward in life. So, for example, if there is a report in the paper about the crime, the youth will be referred to only by the initials of his or her name (like K.M.).

If the youth has committed a very serious crime (like murder), he or she might be treated as an adult in court. In this case, the youth’s name can be published.

Will the youth go to jail?

Usually, a youth will only be sent to jail if he or she has committed a violent offence and is a serious repeat offender (the youth has committed the same or similar offence before).

A judge will think about many things before sending a youth to jail. All other options must be reviewed first. A youth cannot be sent to jail unless:

•  He or she committed a violent crime
• The crime, if committed by an adult, could result in a sentence over 2 years, and the youth has developed a pattern of committing offences
• The youth did not obey other sentences that he or she served in the community
• In exceptional cases where the youth has committed a serious offence and the judge thinks that for whatever reason a jail sentence is necessary to rehabilitate the youth or protect the public

A judge must always give a reason for sending a youth to jail. In most cases, a youth will spend two-thirds of his or her sentence in jail, and the rest in the community.

A white collar crime is a crime that is often committed by a professional that involves some type of fraud or deception that results in financial gain to the perpetrator or others. White collar crimes are serious offenses that must be taken seriously.
It is important to contact a lawyer as soon in the process as possible to help protect the defendant’s rights. Being aware of white collar crimes and their implications can aid in the defense.

Sociologist and criminology expert Edwin Sutherland first coined this term in a speech that he delivered in 1939. According to Sutherland, someone is more likely to commit a crime when he or she is surrounded by criminal behavior as observed by those around him or her. Sutherland’s belief is that white collar criminals should not be punished as harshly as other criminals. He based this belief on the notion that white collar criminals are typically considered less dangerous. They are believed to be less likely of recidivism. For these reasons, he lobbied for more lenient sentences for individuals convicted of these types of crimes.

Modern Definition

Today’s definition includes the traditional definition that incorporates crimes committed by business professionals through their chosen profession. White collar crimes also include fraud and embezzlement. They may include such crimes as wire fraud, mail fraud, insurance fraud, bankruptcy fraud, money laundering and bribery.

Characteristics of White Collar Criminals

This crime is dubbed as white collar due to the professional standing of the perpetrator. These individuals often have a respected position in the community, such as a money manager, financial planner, banker, accountant or similar field.
They often occupy a place of higher socioeconomic status than many criminal defendants. Due to this characteristic, these types of criminals often have the ability to pay more for their defense, which often results in greater outcomes for these defendants than for others who have to rely on overworked public defenders. Having a higher salary and income level often translates into being able to hire the best and most expensive lawyers who will zealously fight for their interests in court. In contrast, individuals who are part of a lower socioeconomic level may not be able to afford a private lawyer and may be appointed a lawyer.

Effects of White Collar Crimes

While white collar crimes may not result in the same type of physical injuries as other crimes may, they may still result in significant consequences. If the money cannot be recovered, a business may go out of business. Employees may be terminated to make up for the loss of business funds. Individuals may lose their life savings because the retirement funds that they had invested were tied up in a Ponzi scheme unbeknownst to them.

Potential Punishments

Many people believe that white collar crimes should not be punished as harshly as crimes committed by people that involve violence like burglary, mugging or robbery. However, as discussed above, the effects of white collar crimes are real and can be devastating in nature. This means that when white collar criminals are convicted that they often receive sentences as long as the sentences that violent offenders receive. Many drug crimes are prosecuted by federal prosecutors and so are many white collar crimes.

However, one significant difference that may exist between the punishments that white collar criminals receive and others receive is that the white collar criminal may be locked up in minimum-security prisons. In these prisons, criminals may have greater freedoms like access to cable television, the internet and the outside. Criminals in maximum security prisons are often subject to less safe prison environments.

A person’s status in the community and prior criminal record are often considered at sentencing, which may provide a basis to give a white collar criminal less time than a hardened criminal.

Legal Assistance

Individuals who are charged with white collar crimes may decide to contact a criminal defense lawyer experienced in this area of the law. He or she may be able to explain the defendant’s rights to him or her and get involved in the process well before any formal charges are filed. This may allow a criminal defense lawyer to negotiate an agreement with the prosecutor that may prevent charges from ever being filed, such as allowing the defendant to pay restitution to the victims. The punishments that a white collar criminal defendant can face are substantial. Federal prosecutors are often intimidating. A criminal defense lawyer can help protect the defendant’s rights.

The current times demand that both parents work in order to raise a family. Most often, parents can get too busy with their jobs that the kids back home feel neglected or inadvertently lost in the daily shuffle of life. Parents may not realize it, but research shows that the primary reason why children join gangs is for a sense of belonging or to become part of a “family”.

Some children are not just as headstrong as others. Those who are not usually find themselves with no friends and are often bullied at school. They get frustrated, lonely and discouraged so easily that the lure of gang promises makes them an easy target.

Young people need to have their backs secure, and the weaker ones have the illusion that they are going to get this by being part of a gang. What they don’t know is that they don’t get much protection there; rather they are more susceptible to danger because when rivalries break loose, even their own families can become targets for retaliation. Most young people never really intended for siblings or members of their families to get into harm’s way. They simply were not aware that gang involvement gets to this extent.

Statistics show that gang involvement makes one 60 percent more liable to become a victim of homicide. The sad thing is that teens who get involved in gangs never really intended to mess up their lives. They simply were looking to belong somewhere and get some security – unfortunately, they get the exact opposite. They get into danger.

Another reason for the global spread of street gangs can be traced to the media representation and glamorization of the gang member stereotype. As far back as the many Hollywood pictures of James Dean as the romantic and misunderstood hoodlum, American culture has inadvertently idolized the gang member. What was once present only in the movies and American novels has spread to the internet and into popular music further widening the reach of the gang mystique.

Interestingly, the gang members that are created by such methods probably wouldn’t even be familiar with the terms globalization or transnational, nor would they likely care. Even more interesting is the fact that these romanticized images in no way reflect the realities of gang life, which is another fact that up and coming gang members don’t know about, but probably wouldn’t care to know either since the goal is not to become one of the criminal element that lives in squalor and deals with the day to day avoidance of arrest. The idealized image of the successful criminal as having a garage full of flashy cars and a stable full of women is the image that these individuals strive for.

It is also likely that the majority of the globalization of gangs is due simply to the move toward an increasingly globalized world. As world travel became easier, and the spread of national cultures became more prevalent, it was inevitable that the movement of individuals would signal the spread of the good and the bad, including gang mentality, culture, and activity. Some of these gangs operate as a part of criminal networks and others operate independently using what they have learned in the states as a basis for their activities.

Gangs were once formed by a group of individuals who were generally short-term, temporary members. The average gang member was usually a young man who joined the gang as a sort of rite of passage. Most of these members would eventually outgrow the gang. However, in recent decades, gang activity has taken on a whole new meaning with individuals becoming more permanent members of a gang and more entrenched in gang life and gang activities. Women are becoming more involved in gangs. And the gang has become more of an organization unto itself with members as employees and the spread into the whole Canada and numerous foreign countries.

Domestic Violence Trial Issues

Most domestic violence criminal cases do not go to trial. If the facts are against you the lawyers discuss the facts and make a plea bargain. When the facts are in your favor often your case will need to be ready for trial before the district attorney will dismiss it. The D.A.’s office is more likely to go to trial on close domestic violence cases. If you plead guilty to make peace with your spouse and get on with your life your decision will haunt you. A domestic violence conviction can become a club your partner will use to beat you over the head with. Even if you lose your job and supporting your children becomes a problem maintaining your innocence is more important.

Going to trial is among the worst experiences you can have. Even if a jury of twelve of your peers does not convict you a trial is an emotionally and financially draining and your life is put on display. However, if you do risk trial in a misdemeanor domestic violence case and lose it is unlikely that the judge who hears your case will throw the book at you at sentencing. After most judges hear the evidence in a close case they will have some compassion for you. Judges threaten to throw the book at defendants if they are convicted because they want to discourage time-consuming trials. Some judges will make good on that threat. If you give up your right not to testify and take the witness stand and the judge thinks you lied, that would go against you at sentencing.

The Prosecution

The prosecution has to prove that you are guilty beyond a reasonable doubt, and jurors must unanimously agree on your guilt for every count you’re convicted of. An acquittal by a jury does not mean you are innocent. It means the district attorney could not present enough evidence to get a conviction. A defense that comes up a lot in domestic violence cases is that you were defending yourself, or that you did not cause the other person’s injuries. A more difficult defense is that the other person is making the whole thing up.

Sometimes it is hard for a client to accept that a weak case for the prosecution is much harder to defend than a strong case. When the D.A. has a slam-dunk case a domestic violence attorney makes the best deal possible by presenting mitigating facts about their client. When the prosecution has a weak case it’s a lot of work and it is stressful. All the good facts of your case have to be supported by as much evidence as possible. The D.A. may use expert testimony to introduce evidence of domestic violence patterns. Your own D.V. expert can give you a test and give an opinion as to whether or not you fit the profile of a batterer, the test results are confidential unless you choose to disclose them to the prosecution. Lie detector test results are not admissible in court and are expensive.

It is important that defense attorneys take strong cases to trial. It takes many hours of work to prepare for trial, and you and your domestic violence lawyer have to spend lot of time waiting to go out to trial in an available courtroom, usually on a no time waiver basis, which increases the chances of getting a dismissal. Remember that ultimately you are responsible for your own case.

The consequence of being on probation is a severe restriction of your personal liberty, and the complaining witness will have successfully manipulated the system, or have been manipulated by the system, to get the defendant unfairly convicted. Going to trial in a domestic violence case is emotionally devastating for a defendant, even if they are acquitted at the end of it. Getting convicted of something you didn’t do, or for the one time you fought back acting in self-defense, is worse.

Experienced Domestic Violence Lawyer

The stakes are high in a California domestic violence case. A criminal conviction for domestic battery or criminal threats in California may result in jail, large fines, mandatory domestic violence counseling sessions which meet two (2) hours weekly for a minimum of one year, mandatory alcohol education classes, personal conduct orders, stay away orders, temporary restraining orders, and other punishment as provided by Penal Code section 1203.097. For that reason, it is critical that that a person charged with domestic assault, domestic battery, criminal threats or stalking have only a qualified domestic violence defense lawyer to handle the case from the earliest possible moment.

A firearm is a portable gun (a barreled ranged weapon) that inflicts damage on targets by launching one or more projectiles driven by rapidly expanding high-pressure gas produced chemically by exothermic combustion (deflagration) of propellant within an ammunition cartridge.^[If gas pressurization is achieved through mechanical gas compression rather than through chemical propellant combustion, then the gun is technically an air gun, not a firearm.

Weapons Charge Lawyer in Mississauga

Client charged by York Regional Police as part of large scale project investigation. Police executed search warrant on condominium seizing firearm, ammunition and alleged stolen property. Client facing charges of POSSESSION OF PROPERTY OBTAINED BY CRIME, POSSESSION OF A WEAPON DANGEROUS TO THE PUBLIC, POSSESSION OF A PROHIBITED FIREARM WITH AMMUNITION, UNAUTHORIZED POSSESSION OF A FIREARM, UNSAFE STORAGE OF A FIREARM, and TAMPERING WITH A FIREARM SERIAL NUMBER.

At trial defence filed motion to exclude evidence attacking the search warrant used by police. Defence cross examination of detective who applied for search warrant revealed serious deficiencies in information used by police to obtain search warrant. DEFENCE MOTION GRANTED and ALL EVIDENCE WAS EXCLUDED FROM TRIAL by the presiding Judge. As a result, ALL CHARGES DISMISSED against client. New market Provincial Court.

PROHIBITED WEAPON charge dismissed after defence motion granted. Motion stated the police conduct was unlawful due to false investigation into alleged ‘gang’ affiliation. Brampton Provincial Court.

FIREARM and COCAINE charges dismissed after trial. Defence successfully argues client had no knowledge of illegal items’ existence in a vehicle he was operating. Client did not have to testify. Brampton Superior Court.

No matter whether you have been charged with Carry Concealed Weapon, Possession of a Firearm, Weapon Dangerous or any of the firearms offences, you will receive full expert legal assistance from us. The professional will talk with you and gather the full information on the case from all other sources to get a clear picture of the situation. After careful analysis, your counselor will develop the best defence strategy tailored specifically to the specifics of your case.

For us, the practice of law is more than just providing competent advice and legal representation. We strive to help our clients to go through this stressful period of their life as smoothly as possible. That is why our team is always open for communication. You can readily ask your counselor and everyone else working on your case any questions that you might have. You will always get a clear answer timely. Your attorney will prepare you excellently for all hearings and explain everything for you in detail. You can rely completely on our full support.

With a powerful strategy at hand, your Firearm & Weapons Offence Lawyer Mississaugawill fight fiercely to protect your rights at all stages of the process. You will receive effective representation at all times. Expect your counselor to use a full set of legal instruments to deliver brilliant performance. Challenges are never too big or complex to overcome. In fact, most of them have been provided for in advance and there is a precise tactic for overcoming them in place. This is what makes our strategies so successful.

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 a bond reduction. 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.

Bond Reduction Steps

The bond reduction process begins with a simple motion. The motion should state the current bail amount, the nature of the charges, and a statement regarding the defendant’s inability to make bond. Many defendants will include prior findings of indigency, like a copy of the court’s order appointing counsel because of a defendant’s inability to pay for an attorney. The title of the motion will vary depending on the state’s rules of procedure. Some common titles include motion for bond reduction and writ of habeas corpus. Once the bond reduction motion is filed, some jurisdictions will automatically set the motion for a hearing. However, in other jurisdictions, the defendant is responsible for getting a setting for a hearing by contacting the court’s coordinator or secretary. Before obtaining a setting on his motion, a defendant should strategize about the type of evidence to introduce at the hearing.

Presentment of Evidence at Bond Reduction Hearing

The bond reduction hearing is not as formal as a jury trial. However, the same rules of etiquette, evidence, and procedure apply. A defendant can present evidence as long as it is in proper form and complies with rules of admission. Even though it is not as formal, a bond reduction hearing can have a significant impact on a defendant’s case. For example, if a defendant is charged with failing to register as a sex offender, and takes the stand at a hearing and talks about the new job he’s had for the last three months, he may actually end up with more charges for failing to report the change in employment. A defendant is never required to give testimony against himself, but if he takes the stand, the defendant assumes the risk of potentially negative consequences on cross examination.

Bond Reduction Requirements

Inability to pay is only one element of a bond reduction motion and hearing. It is a significant factor, but many jurisdictions require a defendant to jump through additional hoops. For example, in Texas, a defendant is required to show that he has actually made an effort to post the current bond before the court can even consider a bond reduction. This threshold requirement can be met by testimony from a friend or relative regarding the number of bondsmen they have called in an attempt to make the current bond.

Ruling on the Motion

After the court receives evidence and information from the defendant and the prosecution, the court will balance a number of factors to decide whether or not to grant the motion for a bond reduction. Factors the court can consider include: the number of ties a defendant has to a community, criminal history of the defendant, the nature of the charges, the safety of the community, and the ability of the defendant to post bail. The court can reduce the bail and set conditions to insure the purposes of bail are met.

Consequences of Seeking a Bond Reduction

Every defendant wants a cheaper bond, especially in times of economic instability. Some defendants push their attorneys to file a bond reduction on the theory that the worst case scenario is the judge denying the reduction. A defendant should understand how the jurisdiction functions before filing a bond reduction. A judge may grant the motion and the defendant can move on peacefully. However, once a defendant files the bond reduction motion, the State may decide to file a motion to increase bond or add strict bond conditions.

Bond hearings often result in a defendant disclosing evidence to the state. Sometimes this disclosure can hurt a defendant on the prosecution side. At the very least, a defendant may have drawn unwanted attention. Once a prosecutor becomes more involved with a case, the more targeted a defendant’s case can become. For all of the perceived advantages, a bond reduction motion has its share of potential disadvantages.