Bail Laws & Regulations in Nashua, NH
One of the very first steps in the criminal process in Nashua is the issue of bail – will the person be released pending trial, or will they sit in jail until trial? Almost everyone has the right to bail in Nashua, but more pressing is the amount of bail one may need to post to be released. New Hampshire has recently seen numerous changes to the bail statute. People charged with a crime are often released on what is called personal recognizance. This is a promise to appear at all future court hearings. In addition, the court may impose several conditions, such as not possessing a firearm, not using drugs or consuming alcohol, and staying away from a certain place or person.
Regardless of the severity of your criminal case, Hayes Law, PLLC, will aggressively and strategically advocate for you throughout the legal process. With our extensive track record of success, we are dedicated to helping clients protect their legal rights and fight for a favorable outcome. Attempting to represent and defend yourself may result in you obtaining the full extent of your charges and the penalties you are up against. We are here to help through every step of the legal process.
What Is a Bail Hearing?
When you are arrested and charged with a crime, you may have the opportunity to seek release from custody pending trial through the payment of cash bail. The court may set a cash bail if an individual has a complex criminal history or a history of failing to appear for designated court hearings.
A Nashua bail hearing is a proceeding where a judge determines whether to grant bail to an individual who has been arrested and is awaiting trial. During the bail hearing, the judge considers several factors, including the nature of the offense, the defendant’s criminal history, ties to the community, flight risk, and potential danger to others or oneself. The purpose of a bail hearing is to balance the defendant’s right to liberty with the interest of public safety and the administration of justice.
The judge assesses the information presented by the prosecution and defense, including arguments, evidence, and relevant documentation. Based on this assessment, the judge determines whether to grant bail and, if so, sets the conditions of release. The judge may also hold a person pending trial on preventative detention, depending on the specific circumstances.
It is imperative to work with an experienced criminal defense lawyer to help convince a judge to grant bail in Nashua, NH. If you fail to protect your right to make bail, you may be waiting in jail for weeks until your first hearing.
What Is Bail Reduction?
As the name suggests, a bail reduction involves seeking modification of the original bail amount set by the court. After the initial Nashua bail hearing, the defendant and their legal counsel may file a motion requesting a reduction in the bail amount. This motion must present compelling reasons justifying the need for lower bail.
To support a request for bail reduction, your criminal defense lawyer may argue the following:
- Financial hardship: Demonstrating the current bail amount is excessive in relation to the defendant’s financial resources and ability to pay.
- Changed circumstances: Presenting new information of changes in circumstances since the initial bail hearing that warrants a reevaluation of the bail amount. This may include the availability of additional evidence, changes in the defendant’s personal or professional situation, or improved community ties.
- Non-financial conditions: Proposing alternative conditions of release, such as electronic monitoring, travel restrictions, or mandatory check-ins, can mitigate flight risk and ensure the defendant’s appearance in court without requiring a high bail amount.
The court will consider the motion for bail reduction in Nashua, taking into account the prosecution’s response and any additional evidence or arguments presented by both parties. Then, a judge will make a decision based on the factors at hand, aiming to strike a fair balance between the defendant’s rights and the interests of justice.
Contact Hayes Law, PLLC in Nashua, New Hampshire
You need an aggressive attorney right from the start. Attorney Hayes at Hayes Law, PLLC has years of experience advocating on behalf of clients at bail hearings. Our firm advocates for non-monetary bail conditions. For example, a person suffering from drug addiction is better served entering into a residential substance abuse program than sitting in a jail cell.
We get started on day one, gathering all the necessary facts and information to successfully litigate the issue of Nashua bail. If incarcerated, we get the ball rolling and seek an immediate bail hearing. To understand your legal rights and options, call us today for a free consultation at (978) 314-4950 or fill out a contact form.