My husband is in jail for a possession of drugs case and his court date is one month away for his preliminary hearing. He is in jail and his bond is too high for me to pay ($100,000) and his preliminary hearing is at 5555 West Grand. Is there any way to move up the preliminary hearing date or get an earlier bond court date to reduce it if i hire an attorney?
DUI / DWI Attorney
If you hire a private attorney, the attorney can prepare, file, and schedule for a Motion hearing date a Motion to Modify Bond. Since your husband is in county jail, the attorney must notify the ASA (Assistant State's Attorney) in the room where the case is pending to have a "Writ" to the Cook County Jail ordered for your husband to appear at 5555 W. Grand on the date of the Motion Hearing because if the attorney just files the Motion (with no writ in place)....your husband will not make the hearing date and it will just get continued. It is unlikely that the Prelim. Hearing date will change, but it is possible to get a bond modification/reduction hearing prior to the next scheduled court date (preliminary hearing date) by hiring an attorney and getting this motion of file. There is no guarantee that the original bond amount will be disturbed by the Judge that hears the Motion, but the only way to know is to put forth the Motion & have the Court rule on it. Your husband's prior criminal history will dictate the likelihood of a bond reduction.
5 lawyers agree
Criminal Defense Attorney
Hiring an attorney and filing with proper notice a motion to advance the court date of the case for the purpose of modifying the mount of the previously set bond is available. If this is in the best interests of the accused is the real question. Multiple objective and subjective factors are considered by the judge in setting the bond amount and in modifying the bond amount. These factors include, the nature of the charge(s), the criminal background of the defendant, if any, the police report that forms the basis of the charge(s), the individual attitude of the sitting judge and multiple other factors.
Although a motion to modify can be filed on more than one date most prosecutors and judge ask, "What has changed since the last time this was headdresses by the court?". The practical effect of this is that you get one best opportunity to ask the court to reduce the bond amount.
Be AWARE and choose wisely when to ask the court for the lower bond amount.
This answer/response is based on the information provided in the question asked and requires a much more complete context than is available in this public forum. Please do NOT use this answer/response to say or do anything regarding your situation. BEFORE you say or do anything consult with an experienced Federal and/or state criminal defense attorney in your jurisdiction who will listen to you and your concerns.
Criminal Defense Attorney
I agree with the posts I have seen so far, but add that you will need the attorney you hire to get a transcript of the original bond hearing. It will be his burden to show something that was not originally considered by the Judge that set bond and a transcript is the best way.