If you have been arrested for a crime, you are usually entitled to have a bond set by a Judge or Magistrate. Louisiana Code of Criminal Procedure article 316 provides that bail is determined by the following factors:
The seriousness of the offense charged, including but not limited to whether the offense is a crime of violence or involves a controlled dangerous substance.
The weight of the evidence against the defendant.
The previous criminal record of the defendant.
The ability of the defendant to give bail.
The nature and seriousness of the danger to any other person or the community that would be posed by the defendant's release.
The defendant's voluntary participation in a pretrial drug testing program.
The absence or presence in the defendant of any controlled dangerous substance.
Whether the defendant is currently out on a bail undertaking on a previous felony arrest for which he is awaiting institution of prosecution, arraignment, trial, or sentencing.
Any other circumstances affecting the probability of defendant's appearance.
The type or form of bail.
If you are arrested, it is usually a good idea to immediately hire an attorney to get a reasonable bail set. An attorney may be able to have your bond lowered by providing defenses or mitigation regarding the alleged offense to the Magistrate or Judge.
If your bond is set unreasonably high by a Magistrate or Judge, you can file a motion to reduce your bond. During a bond reduction hearing, an attorney can provide defenses and/or mitigation which a Judge or Magistrate may have not known when the bond was initially set.
I am available on weekends and nights to answer questions concerning bail. I am committed to getting your loved one's bail set at an amount you can afford. Call us now for a free consultation.