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    Most people believe the bond process works like a simple equation: if you are not a danger to society and you are not likely to run away, you should be able to go home while your case moves through the system. It feels fair. It feels logical. It feels like the way justice is supposed to operate.

    Then a judge turns the page, a prosecutor stands up, and suddenly the request for bond sounds more like a request for the moon. No bond. No release. No second chance to sleep in your own bed while the case unfolds. If you have ever watched a loved one get hit with a no bond recommendation despite an otherwise clean life, steady job, and supportive family, you know how jarring that moment can be.

    So why does this happen? Why do prosecutors push for no bond even when defendants pose no real threat? The answer is layered, frustrating, and rooted in a system that often cares more about worst case scenarios than actual facts.

    The Fear of the One Percent Scenario

    Prosecutors spend their days in a constant tug-of-war between public safety and individual liberty. Many have seen enough chaos in their careers to develop a habit of imagining the most dramatic outcome possible. A defendant with no record can still be painted as a potential risk because someone, somewhere, once surprised the court by reoffending while on bond.

    The problem is that the one percent scenario becomes the lens for the other ninety nine percent of cases. A person who has never harmed anyone can suddenly be treated like a flight risk or public danger because the system is terrified of being blamed if something unpredictable happens.

    The Pressure of Headlines and Public Perception

    Prosecutors are not immune to public scrutiny. No one wants to be the face on the evening news associated with a story about a defendant who caused harm after being released. Even in cases where the defendant poses no real threat, the fear of public backlash can tilt decisions toward caution.

    This pressure often turns reasonable cases into high stakes gambles. If there is even a slight chance of criticism, some prosecutors will take the safest path for themselves. The defendant does not get the benefit of the doubt. The prosecutor does.

    Office Culture and Political Incentives

    Prosecutor’s offices are like any workplace. Culture shapes behavior. Some offices operate with a philosophy that leans toward strictness. Others encourage their attorneys to approach each case with nuance and balance.

    But there is a political element too. Prosecutors are often elected or appointed, and their decision making can reflect the priorities of the office in charge. Tough on crime messaging can turn into tough on bond decisions, even when the facts of a case do not call for it.

    The Misunderstanding of Risk

    Not all risks are equal. There is a world of difference between a defendant accused of a violent offense and a defendant accused of a low level offense who simply had a momentary lapse in judgment. Yet in many bond hearings, the context gets flattened. The charge alone becomes the proxy for danger.

    When prosecutors push for no bond in cases that clearly do not warrant it, it is often because the label of the charge carries more weight in the courtroom than the person behind it.

    How This Affects Everyday People

    When someone is held without bond, life does not pause. Jobs get lost. Bills pile up. Parents miss time with their children. Cases can drag on for months or years, and fighting from inside a jail cell is one of the hardest positions a defendant can be placed in.

    One of the biggest misconceptions is that bond only affects people who did something wrong. The truth is that being held without bond can punish people long before there is any finding of guilt. This is why defense attorneys fight so hard to prevent no bond rulings in cases where the defendant poses no threat at all.

    What You Can Do If You Face a No Bond Recommendation

    Bond hearings move quickly, but preparation matters. A strong defense attorney knows how to counter these broad risk arguments with actual evidence. Community ties. Employment. Family responsibilities. Past record. Stability. Plans for supervision if needed.

    A prosecutor may paint a picture of danger, but the defense has the opportunity to paint a picture of real life. Judges respond to clarity, structure, and facts that are grounded in the defendant’s day-to-day reality.

    Why Choose The Law Offices of Daniel J. Miller

    When prosecutors push for no bond in situations that simply do not call for it, experience becomes your biggest advantage. At The Law Offices of Daniel J. Miller, we have more than 25 years of practice behind us. More than two decades in the trenches means we have seen nearly every type of criminal defense case that walks into a courtroom. That history gives us the strategy, preparation, and courtroom instincts needed to guide you through any legal matter, no matter how routine or complex.

    We handle a wide range of criminal defense cases, including underage drinking, DWI, drug offenses, domestic violence, and assault and battery. Our background also includes family law, which gives us a unique perspective on how criminal cases affect every part of a person’s life.

    Our firm has built a reputation on strong advocacy and genuine client care. You do not have to rely on promises. Our Google reviews and client testimonials consistently show how seriously we take our work and the people who trust us with their freedom and future.

    If you or someone you love is facing a prosecutor pushing for no bond, you deserve a legal team that knows how to push back with clarity, confidence, and skill. You deserve a defense that reminds the court that human beings are more than charges and worst case scenarios.

    When justice needs a steady hand, we are here to help. Call us at (757) 267-4949 or complete our online form to schedule a consultation with one of our criminal defense attorneys.

    Why Prosecutors Push for No Bond Even When Defendants Pose No Threat
  • “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:

    1. What is the present threat?
    2. Is your loved one more susceptible to the virus than the average person?
    3. 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:

    1. Is there a current outbreak in the county jail?
    2. If so, how many individuals are affected?
    3. What measures have jail personnel to quarantine the affected individuals?
    4. Who else have the affected individuals been in recent contact with?
    5. 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) 267-4949">(757) 267-4949 today.

    The Coronavirus & Bond Hearings