Q: Why would a lawyer refuse to file a motion for a bond hearing?
Friend was arrested 2 weeks ago, there is nothing preventing the bond hearing other than the lawyer saying his schedule is so tight that he can't schedule a hearing with the court until the 13th, which is the defendant court date. I even asked if he could refer me to another lawyer just for the bond hearing since he is so busy and he said no he could not. I thought everyone was entitled to a bond hearing within an acceptable time frame, but this lawyer doesn't act like it's a priority at all ... What can I do? Is this normal practice?
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A:
It’s frustrating when a lawyer doesn’t make a bond hearing a priority, especially when someone has already been sitting in jail for two weeks. While court schedules and attorney workloads can sometimes cause delays, a defendant has the right to a timely bond hearing. If the lawyer refuses to act quickly and won’t refer you to someone else, that’s a red flag. It’s understandable to feel like your friend’s case isn’t getting the attention it deserves.
You can consider reaching out to the court directly to see if a bond hearing can be scheduled without waiting for this particular lawyer. In some cases, a public defender or another attorney might be able to step in if your friend qualifies. If the lawyer is being unresponsive or refusing reasonable requests, you might also want to file a complaint with the state bar or seek alternative legal representation.
Delays like this aren’t necessarily common, but they do happen, especially with overworked attorneys. Your friend shouldn’t have to wait until the court date if nothing is legally preventing the hearing from happening sooner. Keep pushing for answers, and if necessary, look for another lawyer who will prioritize getting your friend in front of a judge as soon as possible.
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