When you are charged with a felony, you will have a Bond Hearing. At the Bond Hearing the judge will determine the amount of money that needs to be posted in order for you to be released from jail while your case is pending. But in addition to setting the amount of money that needs to be posted, the judge can also set additional conditions that will apply to your bond. Normally, a “D” Bond will be set which will require that only 10% of the bond amount be posted in cash. The Judge can set other conditions, such as home confinement, surrender your passport, that you check in periodically with a probation officer or that you not have any contact with a witness. When it comes to cases involving large amounts of illegal drugs, the state will often request that you prove Source of Funds or Source of Bail. This will happen when the state, or prosecutor, believes that you are involved in criminal activity and that the only way the bond money can be posted is if money came from illegal criminal activity. While the rationale may be true, most of the time this is not the case. But when the state requests that a Source of Funds or Source of Bail hearing be conducted, this means that before the bond is posted, the Court must hold a hearing and allow the bond to be posted. Without permission from the court, the bond cannot be posted.
What Happens When a Source of Funds or Source of Bail is Required?