What is a bail surety hearing?

When someone has been charged in a case involving fraud or drugs the Assistant District Attorney (“ADA”) will typically ask for a “72 hour surety” hearing and in almost all cases the Judge will order that such a hearing take place. It can also be referred to as a bail sufficiency hearing.

This hearing is a way for the ADA to insure that the bail that may be posted will not be done using an illicit funds (funds from criminal activity). Once the bail is posted, the ADA will have 72 hours to investigate the funds and can then request a hearing or consent to your release.

To speed up the process, it can help to have bank records showing paychecks deposited regularly, the paystubs themselves, tax returns, bank statements, etc. Typically the attorney or the bail bondsmen will assist this process by delivering the prepared information to the ADA and facilitating communication between the parties. If the ADA does not consent to your release, then the documentation will be presented to the Judge who will make a decision whether the funds are legitimate. The Judge can either approve or decline the bond or order that the collateral being used to secure the bond be increased. Having an experienced attorney to assist in this process can help insure your release is accomplished as quickly as possible.

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Douglas Schneider
Attorney at Law
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