Bond conditions can be unfair. They can also be an extreme hardship. Bond conditions can prevent you from being able to work, prepare for trial or take care of your family as you await the proceedings. Fortunately, bond conditions can be changed. However, there are some important things to know and understand as you go about trying to change conditions of bond. Criminal defense attorney Richard Fink explains.
Yes, bond conditions can be changed. Once a judge imposes conditions of bond, they are free to change the conditions of the bond at any time. Both the state attorney and the defendant can give input on the conditions of bond. The judge makes the final decision. Bond conditions can be changed upon order of the court or at the request of either party with court approval.
There are a number of reasons for bond conditions. They protect the public while giving the person charged a way to remain free before trial. However, bond conditions must be fair and reasonable to the defendant. When necessary, it may be possible to get your bond conditions changed.
For example, you might have a bond condition that you may not consume alcohol or illegal drugs. If you work at a restaurant that serves alcohol, the condition can be problematic for continuing to work. However, the court might be willing to add an exception to the order that allows you to go to your workplace to continue your employment.
Similarly, you might be court-ordered to take alcohol tests at a set time each day or week. Tests may also be randomized. Having to appear for court-ordered testing can be extremely problematic for meeting work and personal obligations. These are the kinds of things that may be addressed when asking the court to change bond conditions.
What conditions you can or should address depend on your personal circumstances. The court considers your individual circumstances and all of the relevant factors when they decide whether to grant a change in bond conditions. The rules of evidence for a bond hearing are typically less stringent than they are in trial.
When you’re asking for bond conditions to be changed, it’s important to carefully prepare how to approach the court. You need to be prepared to show why you deserve a change in your bond conditions and why it’s in the court’s best interests to grant the change. Another important thing to consider is how to demonstrate to the court that it’s beneficial for society and in the interests of justice to modify your bond. For example, you may need to bring verification of your employment or your work schedule as evidence.
Criminal defense attorney Richard Fink can help you if you need to change the conditions of your bond. Let the Richard Fink legal team review your case to determine the best strategy. We can help you aggressively address conditions of bond and fight your charges