My boyfriend was charge with a gun felony charge on 3/18/2012 he has no prior convictions. I just recently found out I'm about 14 weeks pregnant. He does not want to fight the case but just to be home in between court dates, but I cannot afford the 4,000$ to bond him out which is the ten percent of 40,000.
Your boyfriend needs a good criminal defense attorney. If he already has a public defender, he should be asking this question of his PD. Your pregnancy is irrelevant to the criminal charge.
If he is represented by the public defender, he should ask the attorney to file a motion to reduce bail. If he retains an attorney to represent him, the approach to the motion would be to determine what bond he could actually post. That gives the attorney something to shoot for at the hearing and if the bond is reduced, the attorney can accept an assignment of the bond for all or part of his fee. Many judges would indeed consider his impending fatherhood, as that, coupled with his lack of prior criminal history and a charge that is probationable render him less of a "flight risk" in the eyes of the court. Conatct an experienced criminal defense attorney. Most of us will provide a free consultation. www.galivanlaw.net
Practice of law is a specific skill and an attorney of record, either a public defender or retained attorney, use a number of mitigating reasons in attempt to lower the bond while showing to court that the defendant does not pose a risk of flight and is not a danger to the community.
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Bond is determined based upon flight risk and protecting the safety of society. To have his bond reduced is to present mitigation evidence and a change in circumstances from the prior bond hearing.
I agree with Mr. Galivan - I think that your pregnancy is a significant bond factor, and if you found out about it recently enough it could also constitute a changed circumstance on which to base a second bond reduction motion (if the court already entertained one). You should contact a criminal defense attorney.
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