“How can I get my loved one out of jail during the coronavirus pandemic?”
There is genuine concern from the Centers for Disease Control (CDC) over the health and safety of incarcerated individuals. In this blog, I am going to discuss bond motions and reconsiderations during the COVID-19 outbreak.
Filing a Motion for Reconsideration
If you or a loved one had a previous bond hearing and it didn't go the way you expected, you can file a motion to have this hearing reconsidered. Under normal circumstances, the general rule is that a motion for reconsideration must be filed within 21 days of a prior bond order.
However, since the 'stay-at-home' order was established, the court has slowed legal processes. This means that you may be able to file a motion for reconsideration 40 or more days after the initial hearing.
Can You Guarantee They Will Receive a Bond?
There are never any guarantees in the legal realm, determinations are left entirely up to the judge presiding over the case. However, we will use our sound legal skills to present your case to the court and aggressively advocate for the best interests of your loved one.
The 3 main questions a judge will usually want answered are:
- What is the present threat?
- Is your loved one more susceptible to the virus than the average person?
- What offense put her loved one in jail?
Additionally, to illustrate the possible danger of a county jail, our attorneys try to provide answers to the following questions:
- Is there a current outbreak in the county jail?
- If so, how many individuals are affected?
- What measures have jail personnel to quarantine the affected individuals?
- Who else have the affected individuals been in recent contact with?
- Were those other individuals tested and quarantined?
If your loved one has a verifiable health issue that makes them particularly vulnerable to the virus, we may be able to present this fact as evidence to approve a bond.
According to the CDC, the elderly and individuals with certain preexisting conditions are the most vulnerable to contracting and dying from this virus. It's important to remember that each case is as unique as the client we represent. The court will weight the possible danger to your loved one against what their charges are and their criminal history to determine whether to grant bond or not. For more information on the standards of bond hearings, check out our video series.
Advocating For Your Loved One's Rights
At the end of the day, the right attorney for the case makes all the difference. At The Law Offices of Daniel J. Miller, our criminal defense attorneys will work with you and your loved one to seek a bond hearing. Due to the current 'stay-at-home' order and our dedication to the health and safety of our clients and staff, we have temporarily closed our office. However, we are still available for legal consultations via phone or video.
To speak to an attorney, contact our office online or call us at (757) 517-2942 today.