What happens at a bond hearing

Knowing what happens at a bond hearing helps you understand whether the defendant will be held in custody or released pretrial.

Our New Jersey immigration lawyers understands that these legal processes can be overwhelming. However, our attorney Carolina Curbelo is prepared to provide the legal representation you need in these cases.

What is a US bail Bond hearing and what happens at one in 2025?

A bail bond hearing is a court process that takes place after a defendant is arrested. 

At this hearing, the judge decides whether the defendant can be released on bail or must remain in custody. To do so, the judge assesses whether the defendant: 

• It is a danger to society, or 
• Will appear at future hearings. 

Bail depends on the severity of the charge and may include conditions such as a curfew or no contact with the victim.

Remember that bail is an amount of money that the court orders to be paid to ensure that a individuals fulfill their obligation to appear at hearings. 

Although it is commonly used in criminal cases, it is also applied in immigration cases.

Does everyone have the right to a bail Bond hearing?

Not all defendants are entitled to a bail bond hearing, as for many common crimes bail is automatically set based on a predetermined schedule.

Therefore, bail hearings are generally reserved for: 

• Serious crimes, 
• Repeat offenders, or 
• Those with criminal records, who may not qualify for scheduled bail. 

However, any defendant may request a hearing to request a lower bail or more favorable conditions.

What factors determine the amount and conditions of a bond?

Typically, the judge considers several factors when deciding whether to grant bail and what conditions must be applied to ensure its fulfillment. These factors include:

• Nature and circumstances of the crime or immigration status.
• Strength of the evidence submitted.
• The accused’s ties to the community.
• The defendant’s history, including any criminal record or prior appointments.
• If release poses a risk to public safety or the possibility of the accused evading future hearings.
• The source of funds to pay the bail.
• If the accused is already out on other conditions or facing other charges.
• Other relevant facts that the judge considers pertinent.

What happens if I am denied bail or I don’t have the money to pay it?

If you are denied bail or the amount is too high, an attorney can file a motion to request an adjustment of the amount to be paid. 

Is it possible to modify the bail conditions?

Bail conditions may be modified if circumstances warrant. Furthermore, both the defense and the prosecution may request adjustments. 

For example, if new evidence emerges showing that the defendant does not pose a flight risk, the defense might ask for:

• A reduction in the amount of bail, or
• Fewer restrictions.

If you have any further questions about what happens at a bail bond hearing or the possibility of modifying your conditions, please do not hesitate to call us.

What is the process of a bond hearing?

Generally, this is what happens and a bond hearing which involves the following steps:

1# Hearing scheduling

The hearing is scheduled depending on the severity of the offense. Minor offenses are heard in a magistrate’s court, while more serious offenses are heard in a higher court.

2# Lawyer preparation

The defense attorney files the appropriate motion, organizes the necessary documents and witnesses, and can expedite the process by requesting a bail order.

3# Submission of evidence

The prosecution submits evidence and witnesses to argue why the defendant should not be released. 

For its part, the defense presents evidence that proves that the accused does not represent a flight risk or danger to the community.

4# Judge’s decision

The judge decides whether to grant bail and how much bail will be based on:

• The amount must be sufficient to ensure the defendant’s appearance, but reasonable given the charges and their financial situation.
• Consider different types of bonds.

5# Bail conditions

The judge can impose conditions, such as avoiding contact with victims or regularly reporting to authorities.

6# Hearing result

The defendant may be released on bail or held until trial. In some cases, it is possible to appeal your immigration decision or criminal case to a higher court.

How long does it take to get a bond hearing?

The time it takes to hold a bond hearing can vary, but typically occurs within 48 to 72 hours of arrest. 

In some places, the hearing is held in conjunction with the arraignment, while in others it is scheduled on specific days of the week.

What types of questions are asked at a bond hearing? 

At a bail bond hearing, the judge will ask questions to evaluate whether to grant bail or reduce the bail amount. Some common questions include:

• Personal data, such as name, address and date of birth.
• Employment status, marital status and whether you have children.
• Level of participation in the local community.

These questions help the judge determine your connection to the community and whether you have reasons to return for your hearings. 

What happens after being released on bail?

After you are released on bail, you will be given certain conditions, such as what you can and cannot do. 

These conditions may vary depending on your case, but they usually include prohibitions such as: 

• Do not commit any more crimes, or 
• Not communicating with the victim in cases of violence. 

Additionally, you will be informed of the date of your next court appearance.

What happens if a bail order is violated?

If the bail order is violated, the defendant could face several consequences, including:

• Being sent to jail while the case is resolved.
• Face new criminal charges for violating bail terms.
• Losing money or property deposited as bail.

Still have questions about what happens at a bail hearing? Contact our law firm for personalized advice.

Possible outcomes at a bond hearing

The results of a bail bond hearing can vary depending on the case. Here are some possible scenarios where the court:

• Approves the bail application and sets the conditions the defendant must meet to remain out of jail.
• Denies the bail request, forcing the defendant to return to jail until trial.
• Approves the bail reduction and sets a lower amount, possibly with adjusted conditions.
• Denies the bail reduction and the defendant must pay the original amount or remain in jail.

What happens to bail if I am guilty?

If you plead guilty or are convicted, the bail bond paid to a bail bondsman is not returned. 

If you paid cash bail, you can usually get a refund, as long as you have complied with all court requirements. 

However, court fees or fines may be deducted from the refunded amount.

What are the types of bail bonds in the United States?

When an individual is arrested, there are three main types of bail bonds to secure their release:

Cash Bond

Cash bond is the most direct way to secure the defendant’s release as a fixed amount of money is paid to the court. 

If the defendant attends all hearings, the money is returned at the end of the case, less any court fees or fines if necessary.

Property bond

In a property bond, the defendant offers real property as collateral to secure payment of the bond. Then:

• If the property is worth equal to or more than the bond amount, the court places a lien on it. 
• If the defendant fails to appear in court, the court may seize and sell the property to cover the bail. 

Surety bond

A surety bond is useful when the defendant is unable to post the full bail immediately. A bondsman pays the bail to the court in exchange for a non-refundable payment, usually 10% of the total bail amount. 

If the defendants show up for all hearings, the bondsman gets their money back, but if they don’t, the bondsman can try to recover the amount of the defendant’s bail.

What is a bond hearing like in New Jersey?

Bail bond hearings in New Jersey have changed in recent years. Now, instead of posting cash bail, the court evaluates three key factors to see if the defendant: 

• Will appear before the court, 
• Represents a danger to the community, and 
• Could obstruct justice.

After an arrest, the prosecutor may request a detention hearing for certain serious crimes. 

The judge must decide within 48 hours whether the defendants will be released on their own recognizance or remain in custody. If the defendants are detained, they must normally be tried within 180 days.

Why should you look for the help and guidance of an attorney in regards to an immigration bond hearing?

Attorney Carolina Curbelo has the experience and knowledge necessary to defend your case at an immigration bond hearing. 

She analyzes your scenario from Ridgewood, New Jersey, submits evidence to reduce your bail and argues for your release, ensuring that your rights are respected and increasing the chances of a favorable outcome. 

Now you know what happens at a bond hearing, if you are planning to attend one, give us a call and we will be happy to assist you.