If you or a loved one has been arrested in Des Moines or the surrounding suburbs, you need to understand the bond hearing and what it could mean for your freedom between now and your trial date. A bond hearing is a crucial step in the justice system, and knowing what to expect can help you gain your release from jail while your case is pending.
Understanding the bond hearing process
After an arrest, Iowa Code §804.21 mandates that the accused must be brought before a judge for a bond hearing without unnecessary delay. At this hearing, the judge will set the terms for bail and any conditions for release before the trial begins after hearing arguments from the prosecutor and defense attorney.
Several key factors influence the judge’s decision at a bond hearing, such as:
- The nature and severity of the alleged offense
- Whether the defendant might be a flight risk or pose a risk to public safety
- The defendant’s criminal history, if any
- Community ties, such as family or employment in the area
- Available financial resources
In certain cases, it’s possible to post bond and be released before making your first court appearance. This applies when the charges do not include a “forcible felony” and court is not in session, such as during a weekend.
Your right to legal representation
You have the right to be represented by a defense attorney at your bond hearing. An experienced lawyer working for you can make a huge difference. They will know how to make a persuasive argument for your release on reasonable bail and conditions, possibly on your own recognizance, so no bond is necessary. This can help you return to your life and participate in your defense strategy while your case is pending.
A bond hearing is a critical moment after an arrest, but you don’t have to face it alone. A defense attorney’s guidance can ensure your rights are upheld and you get fair treatment.
