Bind over is a court order requiring a specific action, often related to a hearing or trial. It may include jail time or a bond set to ensure attendance. A bond of sentence may be used to ensure attendance at a sentencing hearing. A bond review hearing may be requested to change a binding order. It is issued when there is a possibility of non-appearance at a future court date. After attending the hearing, the binding order is void. In some US states, binding can also mean transferring a case to a higher court.
Bind over is a term applied to a court order requiring a person to perform a specific action. Typically, such an action goes to court for a hearing or trial. An order to bond a person may include jail time until the court date, but it could also apply to a bond set, which should encourage the individual to show up on the court date or lose their money. Typically, to bind means to hold in custody.
If a person has been convicted of a crime, the court also has in its jurisdiction the bond of sentence, which is done to ensure that the individual shows up for a sentencing hearing. If the court determines that the individual must be incarcerated until sentencing, the court will apply credit for the time served while awaiting sentencing. In most cases, only if a person has been convicted of a criminal offense will they be jailed until sentenced.
Once a binding order is issued, there is little you can do before the hearing in question to change it. If there is a material delay between the order and the scheduled hearing date, an attorney may request a bond review hearing. This could allow a judge to change his mind and order bail, rather than keeping the defendant or convicted in jail. Bond review hearings are very common in many jurisdictions, but do not always result in a change of circumstances for the defendant.
In almost all cases, a binding injunction is issued only when there is a possibility that the defendant will not appear at a future court date. This risk may be due to the seriousness of the crime, whether there has already been a conviction, the defendant’s past history, or a combination of these and other factors. In general, the order indicates that there is a likelihood that the individual will be jailed for a period of time if convicted of the charges in question, but this may not always be the case. If the defendant takes a plea deal, for example, there may be no prison or jail time involved at all.
After the defendant attends the appropriate hearing, the binding order is void. If the judge does not issue further orders regarding the defendant’s disposition, he is free to leave at the end of the hearing. In some cases, another binding order may be issued, especially if the defendant has other court dates. In other cases, a condemning order will take the place of the binding order.
In some US states, the term binding can also mean that a case is transferred to a higher court. For example, if the charges were initially issued by a municipal or magistrate court but the offense committed was a misdemeanor, the case would be transferred to a district court and the process to do so is called binding.
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