After an arrest, a judge will decide the bail amount and any special conditions to allow a defendant to be released pending trial. Bail is money or property deposited with the court to incentivize the defendant to show up for future court dates. The 8th Amendment prohibits excessively high bail amounts. If the defendant meets bail requirements and is released, they must follow all bond conditions set by the judge. Common examples include drug testing, staying in the jurisdiction, obeying a curfew, or wearing an ankle monitor.
Role of criminal defense attorneys
Navigating bail and bond is extremely complicated, especially for someone with no legal experience sitting in jail after an arrest. An experienced criminal lawyer thoroughly understands state and local laws and procedures regarding bail and pretrial release. They advise clients on what to expect through the process and clearly explain the client’s options. Criminal attorneys start helping with bail right away by obtaining information and documents regarding the defendant and the charges.
Factors like a prior record, employment status, and community ties help attorneys argue to the judge that the defendant is not a flight risk. Defense lawyers may also need to explain mitigating circumstances about the actual alleged crime. The best criminal lawyer Blacktown has open communication with judges and prosecutors. They negotiate reasonable bail terms or alternative options to incarceration in jail while fighting the criminal charges. Knowledge of the court system allows them to advise clients regarding appropriate behavior during the pretrial release period.
Determining bail amounts
Judges have a lot of discretion when setting bail amounts and bond conditions. They consider factors like:
- Severity of charges – More serious alleged crimes typically have higher bail. Judges set higher bail for felony charges compared to misdemeanor crimes. Violent crimes also tend to have higher bail amounts.
- Flight risk – Defendants with strong community and family ties receive lower bail or no bail, compared to transient defendants deemed high flight risks. Employment status and history can also influence bail decisions.
- Danger to the community – Defendants accused of serious, violent crimes may be seen as a public safety risk. Judges must protect local citizens when setting bail.
- Prior record – First-time offenders often get lower bail amounts than defendants with long criminal histories. However, even old charges for which the defendant was never convicted may influence a judge’s view of risk.
- Pretrial services recommendations – Many jurisdictions use pretrial services agencies that conduct investigations and risk assessments and then suggest bail options to the court. Judges heavily rely on these neutral recommendations when making bail determinations.
Requesting bail review
If a judge sets bail much higher than expected or denies bail altogether, criminal defense attorneys file a motion to seek bail review and reconsideration. By presenting more information or arguments regarding public safety or flight risk, lawyers may convince judges to reduce bail or grant a pretrial release. Defense attorneys may highlight facts like:
- Their client turned themselves in voluntarily
- It is their first-ever arrest
- Close family ties to the local community
- Steady employment history
- Health conditions that make jail unsuitable
Reviewing the original bail determination is fairly common, especially if new information comes to light. Persuasive lawyers get results by convincing judges to take a second look.
