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CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 28005
Experience:  10+ years defending Misdemeanor and Felony cases.
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At a bond hearing, can the "victims" family speak and object

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At a bond hearing, can the "victim's" family speak and object to the bond?
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good afternoon. I certainly understand the situation and your concern. Is the victim able to appear on their own or are they deceased or unavailable for some reason?
Customer: replied 3 years ago.

The victim thinks its ok for the inmate to get a bond. However, her family wants to keep the inmate in jail.

Thank you for the additional information. At the bond hearing, the judge evaluates whether the defendant is a danger to the community or is
likely to run away before trial. The Judge can release the defendant and impose additional terms and conditions to their release, as they see fit. The family of the victim could appear at the hearing and when the matter is called, go before the Judge and explain why they do not think the defendant should be released. A lot depends on the nature of the charge and if the victim has no objection to it and is present to advise of the same, the Judge may not give much weight to the objection of the family. The family not part of the case or directly involved, so while the Judge may allow them to speak, may not consider it when making the decision. If they can present evidence to show why the defendant should not be release, that is a different story.

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Customer: replied 3 years ago.

The "victim" dropped the restraining order and the lawyer has a copy of it. So, does the "victim" need to be there, if she thinks her family might get to testify against the inmate?

Unless ordered by the court, the victim does not have to be there at all. If the victim dropped the restraining order, this is something the Judge will also see and consider when determining if the victim is in fear or that the defendant is a threat/danger to society.
Customer: replied 3 years ago.

One more thing. The "victim" lied about a lot of things pertaining to the inmates charges. She hasn't given the statement to the lawyer yet. Would it help to have that statement at the bond hearing?

The purpose of the bond hearing is to determine if the defendant should be released from jail and a bond should be imposed. The Judge is not going to decide if the victim is telling the truth or has lied. Moreover, the victim is represented by the State. The victim is not going to give a statement to the prosecutor, however she may be deposed by the defendants attorney.
Customer: replied 3 years ago.

Do you mean the lawyer could put her on the stand at the bond hearing?

If the victim is in favor of the defendant being released, she can appear at the hearing and the Judge may take some testimony from her. That is at the discretion of the Judge. If the victim is willing to cooperate and wants the defendant released, the victims family is going to have a tough time overcoming this and having their concerns considered by the Judge, since they are not involved or part of the case. It sounds as though this is a domestic issue where the family does not want the couple to be together.
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