Des Moines Lawyers For Bonds And Detention Hearings In State Court
Last updated on September 19, 2024
Bonds and detention hearings are some of the most crucial moments in the legal process when facing criminal charges. This event determines if you will remain in custody or be granted release pending trial. An experienced lawyer can provide invaluable guidance, ensuring your rights are protected and increasing your chances of a favorable outcome.
At Spellman Law, P.C., we are here to protect your future because it matters. Serving clients in Des Moines and West Des Moines, our attorneys have more than 30 years of combined experience. When you retain our Iowa firm, you are more than a case number.
What Are The Laws Or Criteria The Courts Consider For Bond And Detention Hearings?
During bond and detention hearings in state courts, judges consider various laws and criteria to determine whether a defendant should be released on bond or detained pending trial. Some of the key factors considered include:
- Nature and severity of the offense
- Risk to public safety
- Flight risk
- Criminal history
- Ties to the community
- Financial resources
- Risk of witness tampering or intimidation
Judges carefully assess these elements to make an informed decision that balances public safety with the defendant’s rights.
How Bail And Bonds Work In Iowa
Following an arrest on serious charges, if you do not want to stay in jail until your case is adjudicated, you might have to post bail. The judge can decide to set bail as a condition of your release. Bail is essentially the cash you put up as a promise to show up to court when required. However, the level of bail set often is more than the average person can afford. Instead of putting up a cash bond (the entirety of the bail in cash), you can work with a bail bondsman to post a surety bond. You pay the bail bondsman a certain percentage of the total bail, usually around 10%, and the bail bonding company pays the rest. The company then keeps some or all of what you paid.
We can represent you at your first court appearance and argue to have the judge release you on your own recognizance – without having to pay bail – or at least on a reasonable bail amount. And we can help you arrange to pay bail so you can get out of jail as soon as possible.
Will The Bond Money Be Returned?
Typically, the money posted for the bond will be returned only if the charges against you are dismissed or if the judge orders them to be returned (following a verdict of not guilty, for instance). If you are convicted or the case is resolved in another way, the clerk of the court may hold the bond money and apply it toward any fines, fees or other costs owed to the state.
If and when the bond money is returned, it can only be given to the party who posted the bond, whether that was you, a family member or a bail bondsman.
Why Be Out On Bond Rather Than Wait In Jail For Trial?
Being out on bond rather than waiting in jail for trial has several advantages for defendants, including:
- Helps prepare for trial
- Ability to maintain family and employment ties
- More leverage to negotiate better plea offers
- Upholds the principle of innocence until proven guilty
- Access to resources and support services that may be unavailable in jail
Out on bond allows defendants to navigate the legal process with greater ease and dignity while awaiting trial.
Work Directly With A Seasoned Criminal Defense Attorney
Securing release on bond can significantly impact your ability to assist in your defense and obtain a fair outcome. Spellman Law, P.C., will work with you from the start to the end of your case in Iowa, ensuring you receive a favorable outcome. Call 515-222-4330 today or use our online form to schedule a free case consultation.