boyfriend has served his probation sent. but still needs a bond on the battery-fva charge,so about how long should it take for his attorney to get him a hearing? Attorney says he has to fill out a request form for a bond but after he has that done would he get the bond right away or is it up to the lawyer? And would the judge deny him a bond if this is his 2nd fv charge?
Divorce / Separation Lawyer
The attorney can file a motion for bond or contact the prosecutor to try to get a consent order for a bond. It depends on court schedules how soon you can get the hearing. Typically it takes me about two to four weeks to get in front of a judge on such a motion in a typical case (although there are exceptions). The court considers the Defendant's risk of flight, danger to the community, danger to himself, and whether he might commit another crime if he is released. The particulars in every case are different. A 2nd fv charge isn't a definite "no" to a bond but it might increase the amount of the bond. There's no telling which things matter most to the court until the presentation is made: things like how much harm between what time periods under what circumstances and whether there is a history of violent or abusive conduct all matter.
As I understand, the judge has 10 days from the time a motion or petition for bond has been filed to hold a hearing on the request for bond. In any event, your attorney needs to file the request promptly to either motivate the prosecutor to agree to a bond or to start the clock with the judge in order to have a hearing on the request.
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