United States v. Salerno , U. The constitutional protections, as well as the Bail Reform Act a federal statute , give a defendant the right to request lower bail when the amount initially set by the court is too high to pay.
A defendant can request a hearing to seek a bail reduction. At the hearing, the defendant can argue that the initial bail set by the court is so high that it is effectively a denial of bail and amounts to pretrial detention in jail, even though the defendant is not a flight risk or a threat to the public. Although the court must take this argument into consideration, it is not required to set bail at a level that the defendant can easily pay.
Courts can set bail high enough "to induce a defendant to go to great lengths to raise the funds without violating" the constitution or the Bail Reform Act. Szott, F. As long as the court's actual motive isn't to force the defendant to rot in jail awaiting trial, the court can set bail at any level it can justify. Once a defendant informs the court through a bail reduction request or otherwise that she cannot afford the bail set, the court must specify the reason s that the amount set is "an indispensable" condition of release from jail.
Mantecon-Zayas, F. The court must set out its rationale in writing or orally on the record. Just as the defendant has the right to seek a lower bail, the prosecution can request that the court set a higher level of bail based on the risk that the defendant will flee from the jurisdiction or inflict harm upon a victim or other members of the public. And, the court may hold a hearing to inquire into the source of bail funds that it suspects may be illegal proceeds from drug sales, for example.
Bail is only one of the conditions that a court may impose in order to grant release of a defendant from jail pending trial. Other conditions include travel restrictions, passport relinquishment, drug testing, electronic monitoring devices ankle bracelets , house arrest , supervision and reporting during release, and others. Whether and how much bail a court sets depends on many factors—a defendant's financial condition is only one of them.
If you have questions about bail or pretrial release conditions, it is essential that you contact an experienced criminal defense lawyer in your area to get advice. At the Bail Reduction Hearing, the defendant will get a chance to present evidence as to why he or she needs a bail reduction. Your lawyer can help you put your case together.
This may involve demonstrating your community ties. It may be necessary to bring up your family situation or employment status. Tell your lawyer every reason you have to stay in the city. This can greatly help your case at a bail reduction hearing.
The court takes all of these factors into account. Finally, are you a risk to the community? Are you facing violent criminal charges? You need somebody local who has experience getting bail amounts reduced for clients. You should be at home with family or back at your job while you wait for your trial date.
Hernia Mesh Hernia mesh is a type of medical device that is used to provide a patch for hernias. The patch is placed over the hernia during a surgical procedure. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The contact form sends information by non-encrypted email, which is not secure.
Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. Boyle U. To reduce bail, as we are often asked to do, it is important to know the purpose of bail. Ex parte Milburn , 9 Pet. Like the ancient practice of securing the oaths of responsible persons to stand as sureties for the accused, the modern practice of requiring a bail bond or the deposit of a sum of money subject to forfeiture serves as additional assurance of the presence of an accused.
However, as Michael Kennedy, a noted constitutional scholar, has aptly pointed out, public safety can only really be assured by denying bail. This ironically means public safety is really only a practical criteria if bail is denied. In evaluating this, the judge is supposed to evaluate the seriousness of the crime, the record of the accused and the probability of his voluntarily appearing in court again if released.
In our opinion, this is an ambiguous, speculative analysis that is largely form over substance. We often request that family members come to court to demonstrate to the judge that our client has local ties. When the victim or victims live nearby, we often propose a protective order to assure the safety of the victim s. What Factors Are Considered? Please do not include any confidential or sensitive information in a contact form, text message, or voicemail.
0コメント