Bond Hearing

Q. What is a Bond Hearing?

A. Whether you are in custody or have been summoned to court for an Initial Appearance, one of the first procedures you must go through in the Criminal Process is called a "Bond Hearing". Essentially, the Court must determine whether you can released into the community while the criminal process is pending. (You are, of course, entitled to this hearing because you are presumed innocent of any charges until they are proven against you.)
The major questions the Court must address at this hearing are whether you have sufficient local ties to ensure your appearance compared to the seriousness of the offense. The more serious the offense, the more local ties needed to remain in the community while the case is pending and vice-versa.
The Court has three general options at the conclusion of the hearing: (1) Grant bond pursuant to a "Signature Bond", (2) Grant bond pursuant to a cash bond, (3) Deny bond.

Initial Appearance

Question: What is an "Initial Appearance" and what typically occurs at one?

Response: An "Initial Appearance" is typically the first court date in the criminal process. An Initial Appearance has two general purposes:

1. Provide you with the "Criminal Complaint". (The Criminal Complaint is a brief description of the facts which allow the State to charge you with the crime.)
2. Conduct a Bond Hearing. The Court must determine whether and under what conditions you can released into the community while the criminal process is pending. The Court can release you on your sworn promise to return (called a "Signature Bond") or it might require you to post money as collateral for your continued appearance.

In some counties (Dane County for example) an attorney can attend this hearing for you if you are charged with a misdemeanor.

If you have further questions regarding this process, please contact our office at 608-255-9491.