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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27468
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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A lawyer called a solicitor to set up a bond hearing. The solicitor

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A lawyer called a solicitor to set up a bond hearing. The solicitor says he will be tied up in a trial all week but will try to work it in with the judge. Does this sound right?

My name is XXXXX XXXXX I am an experienced criminal lawyer.

Yes, it sounds correct. Both attorneys and prosecutors represent many people and have busy schedules. When something outside of the normal court date has to be arranged it is typical for the prosecution and the defense attorney to coordinate like this so that they can arrange a date for the hearing when they will both be available so that they will not waste the courts time.
Customer: replied 3 years ago.

Do they work it in at the last minute, or how does that work?

It depends upon everybody's schedule -- the defense, the prosecutor and the judge. Yes, it can end up being worked in on a given day last minute because judges calendars are set up weeks in advance. So it all has to get fit in somewhere.

Think of it in the same way you would if you wound up having to make a same day dental appointment for an emergency. It will get called some time that day when there's a logical opening. A bond hearing doesn't take too long, so it shouldn't be difficult to fit in when both attorneys agree to the time.
Customer: replied 3 years ago.

One more thing. Does the judge look at how many family members or supporters the inmate has at the hearing?

Yes. One big consideration in a judge's bond determination is whether the defendant has ties to the community. So if there's a section of the courtroom that is filled with friends and family members, the judge will factor that in. It's not the only determinant he looks at, but it can make a difference.
Customer: replied 3 years ago.

There's a lot of games going on. So if the inmates family lives 6 hours away chances are they won't be able to get to the hearing in time. Any suggestions?

And the solicitor probably won't bother to call the lawyer, so is the lawyer supposed to keep calling the prosecutor all that week or what?

Correct. If the family lives 6 hours away, they may not be able to get there in time. Or they may come in only to be sent home. On the other hand, a lawyer is an officer of the court. If he tells the judge that he has been in touch with members of the family and can vouch for his client's ties to the community, the judge will accept that.

There is no "supposed to" about it. Both lawyers are expected to treat their obligations responsibly, If you think that the lawyer may be busy and that securing a date for a hearing may drop through the cracks, you can always give him a call to keep pressure on him and help him remember to touch base with the prosecutor.
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