Bail - Revision history

IBJadmin at 08:24, 4 April 2013

2013-04-04T08:24:14Z

← Older revision		Revision as of 10:24, 4 April 2013
Line 1:		Line 1:
			{{Languages\|Bail}}

	Bail is the temporary release of an accused person awaiting [[Trial \| trial]]. The appearance of the accused at trial is usually guaranteed by a sum of money that the court holds as security. Many factors go into deciding whether to allow for release on bail, and it should be considered on a case-by-case basis.		Bail is the temporary release of an accused person awaiting [[Trial \| trial]]. The appearance of the accused at trial is usually guaranteed by a sum of money that the court holds as security. Many factors go into deciding whether to allow for release on bail, and it should be considered on a case-by-case basis.

Ibjadmin at 09:03, 4 May 2011

2011-05-04T09:03:02Z

← Older revision		Revision as of 11:03, 4 May 2011
Line 153:		Line 153:

	In cases where the amount of bail is excessive, the advocate for the accused may make a motion for the reduction of the bail amount. Alternatively, he can make a motion for the accused to be released on his own recognizance. To increase the chances of being released on his own recognance, counsel for the accused should investigate and bring forth all evidence that presents the accused in the best possible light.		In cases where the amount of bail is excessive, the advocate for the accused may make a motion for the reduction of the bail amount. Alternatively, he can make a motion for the accused to be released on his own recognizance. To increase the chances of being released on his own recognance, counsel for the accused should investigate and bring forth all evidence that presents the accused in the best possible light.

			{{Languages\|Bail}}

Jbraun: /* Kenya */

2010-11-17T13:04:40Z

Kenya

← Older revision		Revision as of 15:04, 17 November 2010
Line 152:		Line 152:
	In exercise of its discretionary power, the High Court may direct that an accused person be granted bail or that bail set by a subordinate court or a police officer be reduced, (see, Section 123 of the CPC).		In exercise of its discretionary power, the High Court may direct that an accused person be granted bail or that bail set by a subordinate court or a police officer be reduced, (see, Section 123 of the CPC).

	In cases where the amount of bail is excessive, the advocate for the accused may make a motion for the reduction of the bail amount. Alternatively, he can make a motion for the accused to be released on his own recognizance. To increase the chances of being released on his own recognance, counsel for the accused should investigate and bring forth all evidence that presents the accused in the best possible light.		In cases where the amount of bail is excessive, the advocate for the accused may make a motion for the reduction of the bail amount. Alternatively, he can make a motion for the accused to be released on his own recognizance. To increase the chances of being released on his own recognance, counsel for the accused should investigate and bring forth all evidence that presents the accused in the best possible light.

	~~----~~
	~~See [[Bail]]~~

Jbraun at 13:04, 17 November 2010

2010-11-17T13:04:14Z

@@ Line 104: / Line 104: @@
 If you want a bank to give you a loan, you would probably not be successful if you simply asked for the money. Without any information, a bank would be likely to deny your application. Before making an investment, a bank would want to alleviate any concerns it might have. Are you stable/low risk? Are you rooted in the community? Why are you asking for the loan? How is the bank's money protected?
-If you came with a business plan, the bank would be more likely to approve the loan. Say, for example, that you want to open a . You might be able to show that you have steady employment, that you own an apartment and a car, that you have a husband and a child, who live in the community with you. All of this demonstrates that you are a safe bet to repay the loan. A bank may ask you to document certain facts; for example, you may have to show the deed to any property you own. Anything you can document will help to show that you are reliable and worthy of the loan.
+If you came with a business plan, the bank would be more likely to approve the loan. Say, for example, that you want to open a caf�. You might be able to show that you have steady employment, that you own an apartment and a car, that you have a husband and a child, who live in the community with you. All of this demonstrates that you are a safe bet to repay the loan. A bank may ask you to document certain facts; for example, you may have to show the deed to any property you own. Anything you can document will help to show that you are reliable and worthy of the loan.
 In law, as in business, a lot depends on how you conduct yourself. When you seek release on bail, you are in essence asking the judge or other official to invest in the word of your client, who is promising that he will not engage in destructive or dangerous behavior and that he will show up for questioning and for all necessary court appearances. It is crucial that you provide good reasons for allowing release on bail.
@@ Line 141: / Line 141: @@
 *Broad statements about the defendant's innocence or guilt. For example, the writer should not say "I am sure that the defendant couldn't have done what the prosecution alleges," or "Everyone knows that the victim is a liar"
 *Anything that is not true or an exaggeration

Ibjadmin: /* Client Interview */

2010-07-16T11:50:39Z

Client Interview

← Older revision		Revision as of 13:50, 16 July 2010
Line 109:		Line 109:

	== Client Interview ==		== Client Interview ==
	A lawyer should [[Client ~~Interview~~ \| interview]] her client with an eye towards getting all of the information that she can use in a bail application. Clients may not always understand why the lawyer is asking for such detailed, personal information. Thus, the attorney should patiently explain at the outset why she is asking for such information. A lawyer should tell the client that she is doing her best to get the defendant out of jail; this will help to build trust between the defendant and the lawyer. The lawyer should also remember to speak to clients in a way that allows them to understand their situation more clearly; using big words or legal jargon will only serve to alienate the defendant. It is much better to use plain language.		A lawyer should [[Client Interviews \| interview]] her client with an eye towards getting all of the information that she can use in a bail application. Clients may not always understand why the lawyer is asking for such detailed, personal information. Thus, the attorney should patiently explain at the outset why she is asking for such information. A lawyer should tell the client that she is doing her best to get the defendant out of jail; this will help to build trust between the defendant and the lawyer. The lawyer should also remember to speak to clients in a way that allows them to understand their situation more clearly; using big words or legal jargon will only serve to alienate the defendant. It is much better to use plain language.

	== Interview of Client's Family, Friends or References ==		== Interview of Client's Family, Friends or References ==

Ibjadmin: /* Client Interview */

2010-07-16T11:50:20Z

Client Interview

← Older revision		Revision as of 13:50, 16 July 2010
Line 109:		Line 109:

	== Client Interview ==		== Client Interview ==
	A lawyer should interview her client with an eye towards getting all of the information that she can use in a bail application. Clients may not always understand why the lawyer is asking for such detailed, personal information. Thus, the attorney should patiently explain at the outset why she is asking for such information. A lawyer should tell the client that she is doing her best to get the defendant out of jail; this will help to build trust between the defendant and the lawyer. The lawyer should also remember to speak to clients in a way that allows them to understand their situation more clearly; using big words or legal jargon will only serve to alienate the defendant. It is much better to use plain language.		A lawyer should [[Client Interview \| interview]] her client with an eye towards getting all of the information that she can use in a bail application. Clients may not always understand why the lawyer is asking for such detailed, personal information. Thus, the attorney should patiently explain at the outset why she is asking for such information. A lawyer should tell the client that she is doing her best to get the defendant out of jail; this will help to build trust between the defendant and the lawyer. The lawyer should also remember to speak to clients in a way that allows them to understand their situation more clearly; using big words or legal jargon will only serve to alienate the defendant. It is much better to use plain language.

	== Interview of Client's Family, Friends or References ==		== Interview of Client's Family, Friends or References ==

Ibjadmin: /* Considerations when Making Bail Applications */

2010-07-16T11:49:58Z

Considerations when Making Bail Applications

← Older revision		Revision as of 13:49, 16 July 2010
Line 91:		Line 91:
	***Suspect gave a detailed statement to the police		***Suspect gave a detailed statement to the police
	***Suspect expressed willingness to cooperate when detained		***Suspect expressed willingness to cooperate when detained
	***~~'''~~Suspect has history of regularly attending school/showing up to work		***Suspect has history of regularly attending school/showing up to work
	*Additional Factors'''		*'''Additional Factors'''
	**There are many factors that may become relevant for the purposes of bail. A creative lawyer will always know how best to use facts to fashion the best argument she can. In addition to the above, consider these additional factors:		**There are many factors that may become relevant for the purposes of bail. A creative lawyer will always know how best to use facts to fashion the best argument she can. In addition to the above, consider these additional factors:
	***Physical and mental health		***Physical and mental health

Ibjadmin: /* Considerations when Making Bail Applications */

2010-07-16T11:49:40Z

Considerations when Making Bail Applications

← Older revision		Revision as of 13:49, 16 July 2010
Line 73:		Line 73:

	== Considerations when Making Bail Applications ==		== Considerations when Making Bail Applications ==
	*Danger to the Community		*'''Danger to the Community'''
	**Often suspects are charged with minor criminal offenses (e.g., petty theft or assault), and have no history of violence; thus, they should probably not be considered a danger. A lawyer must recognize what the court's overriding concerns will be, and then rebut them.		**Often suspects are charged with minor criminal offenses (e.g., petty theft or assault), and have no history of violence; thus, they should probably not be considered a danger. A lawyer must recognize what the court's overriding concerns will be, and then rebut them.
	***Some Factors Negating Danger to the Community		***Some Factors Negating Danger to the Community
Line 83:		Line 83:
	****Suspect has medical issues		****Suspect has medical issues
	****Suspect is small/weak for his age		****Suspect is small/weak for his age
	*Flight Risk		*'''Flight Risk'''
	**Many criminal suspects are not great flight risks. For example, it is rare for a juvenile suspect to be a flight risk. Juveniles by and large have strong roots in the community in which they live, and they seldom have the independence to strike out on their own. They depend on family to support, feed and house them. Some other factors negating flight risk include:		**Many criminal suspects are not great flight risks. For example, it is rare for a juvenile suspect to be a flight risk. Juveniles by and large have strong roots in the community in which they live, and they seldom have the independence to strike out on their own. They depend on family to support, feed and house them. Some other factors negating flight risk include:
	***Suspect was aware of pending investigation but did not flee		***Suspect was aware of pending investigation but did not flee
Line 91:		Line 91:
	***Suspect gave a detailed statement to the police		***Suspect gave a detailed statement to the police
	***Suspect expressed willingness to cooperate when detained		***Suspect expressed willingness to cooperate when detained
	***Suspect has history of regularly attending school/showing up to work		***'''Suspect has history of regularly attending school/showing up to work
	*Additional Factors		*Additional Factors'''
	**There are many factors that may become relevant for the purposes of bail. A creative lawyer will always know how best to use facts to fashion the best argument she can. In addition to the above, consider these additional factors:		**There are many factors that may become relevant for the purposes of bail. A creative lawyer will always know how best to use facts to fashion the best argument she can. In addition to the above, consider these additional factors:
	***Physical and mental health		***Physical and mental health

Ibjadmin: /* Benefits of Bail */

2010-07-16T11:49:10Z

Benefits of Bail

← Older revision		Revision as of 13:49, 16 July 2010
Line 64:		Line 64:
	**Many clients fail to understand the importance of the role their attorney plays. Most criminal suspects have been subjected to many rounds of interrogation by police or other officials and have been detained for a long period of time before meeting a lawyer. They may have little reason to believe that they have any hope; they may be despondent or incommunicative.		**Many clients fail to understand the importance of the role their attorney plays. Most criminal suspects have been subjected to many rounds of interrogation by police or other officials and have been detained for a long period of time before meeting a lawyer. They may have little reason to believe that they have any hope; they may be despondent or incommunicative.
	**Lawyers who act to make arguments on their client's behalf will readily note the difference it makes in the relationship with the client; clients begin to trust their attorney, and see her as someone acting in their interest. This will in turn increase the prospect that the defendant will take an interest in his own case. Accordingly, the defendant will be more likely to give his lawyer the type of information that is helpful in setting up a viable defense theory.		**Lawyers who act to make arguments on their client's behalf will readily note the difference it makes in the relationship with the client; clients begin to trust their attorney, and see her as someone acting in their interest. This will in turn increase the prospect that the defendant will take an interest in his own case. Accordingly, the defendant will be more likely to give his lawyer the type of information that is helpful in setting up a viable defense theory.
	'''Puts Client in a Better Light'''*A defendant out on bail has the opportunity to demonstrate to the court or prosecutor why they should be treated with leniency. It is nearly impossible while incarcerated for a client to overcome the perception that he is anything other than a criminal. But if a client is allowed to attend school, to work, to contribute to the community in a positive way while awaiting trial, it becomes easier for the court to accept that the defendant is innocent, or that he is a good candidate for a non-jail sentence (e.g., suspended sentence). In addition, a defendant out on bail is more likely to be able to withstand the pressures of a trial, because he is better able to take care of himself at home than in jail.		*'''Puts Client in a Better Light'''
			**A defendant out on bail has the opportunity to demonstrate to the court or prosecutor why they should be treated with leniency. It is nearly impossible while incarcerated for a client to overcome the perception that he is anything other than a criminal. But if a client is allowed to attend school, to work, to contribute to the community in a positive way while awaiting trial, it becomes easier for the court to accept that the defendant is innocent, or that he is a good candidate for a non-jail sentence (e.g., suspended sentence). In addition, a defendant out on bail is more likely to be able to withstand the pressures of a trial, because he is better able to take care of himself at home than in jail.

	== The Role of the Defendant's Lawyer ==		== The Role of the Defendant's Lawyer ==

Ibjadmin: /* Benefits of Bail */

2010-07-16T11:48:55Z

Benefits of Bail

← Older revision		Revision as of 13:48, 16 July 2010
Line 57:		Line 57:

	== Benefits of Bail ==		== Benefits of Bail ==
	*Better Case Preparation		*'''Better Case Preparation'''
	**It is often difficult for layers to meet with clients in custody. It is inconvenient and time-consuming. There also may be legal impediments to such meetings; for example, the police may insist on being present. This can lead to delays, as often the police are not available.		**It is often difficult for layers to meet with clients in custody. It is inconvenient and time-consuming. There also may be legal impediments to such meetings; for example, the police may insist on being present. This can lead to delays, as often the police are not available.
	**It is generally more difficult for an attorney to learn all pertinent facts if her client is in police custody. The lawyer's time may be limited if she must visit her client in police custody, and there may be distractions. Moreover, accused individuals being held in pre-trial detention may find it hard to understand or trust their attorney, because they are scared or are having a difficult time processing their predicament. They also may not have access to the names and contact information of potential witnesses.		**It is generally more difficult for an attorney to learn all pertinent facts if her client is in police custody. The lawyer's time may be limited if she must visit her client in police custody, and there may be distractions. Moreover, accused individuals being held in pre-trial detention may find it hard to understand or trust their attorney, because they are scared or are having a difficult time processing their predicament. They also may not have access to the names and contact information of potential witnesses.
	**If the lawyer has been appointed to the case, rather than hired by the defendant, it may take time to develop an effective attorney-client relationship. Bail gives an attorney the opportunity to have unlimited access to the defendant in a neutral setting. Increased contact with the client will lead to increased knowledge about the facts of the case or the defendant's circumstances.		**If the lawyer has been appointed to the case, rather than hired by the defendant, it may take time to develop an effective attorney-client relationship. Bail gives an attorney the opportunity to have unlimited access to the defendant in a neutral setting. Increased contact with the client will lead to increased knowledge about the facts of the case or the defendant's circumstances.
	*Improved Relationship with Client		*'''Improved Relationship with Client'''
	**Many clients fail to understand the importance of the role their attorney plays. Most criminal suspects have been subjected to many rounds of interrogation by police or other officials and have been detained for a long period of time before meeting a lawyer. They may have little reason to believe that they have any hope; they may be despondent or incommunicative.		**Many clients fail to understand the importance of the role their attorney plays. Most criminal suspects have been subjected to many rounds of interrogation by police or other officials and have been detained for a long period of time before meeting a lawyer. They may have little reason to believe that they have any hope; they may be despondent or incommunicative.
	**Lawyers who act to make arguments on their client's behalf will readily note the difference it makes in the relationship with the client; clients begin to trust their attorney, and see her as someone acting in their interest. This will in turn increase the prospect that the defendant will take an interest in his own case. Accordingly, the defendant will be more likely to give his lawyer the type of information that is helpful in setting up a viable defense theory.		**Lawyers who act to make arguments on their client's behalf will readily note the difference it makes in the relationship with the client; clients begin to trust their attorney, and see her as someone acting in their interest. This will in turn increase the prospect that the defendant will take an interest in his own case. Accordingly, the defendant will be more likely to give his lawyer the type of information that is helpful in setting up a viable defense theory.
	*Puts Client in a Better Light		'''Puts Client in a Better Light'''*A defendant out on bail has the opportunity to demonstrate to the court or prosecutor why they should be treated with leniency. It is nearly impossible while incarcerated for a client to overcome the perception that he is anything other than a criminal. But if a client is allowed to attend school, to work, to contribute to the community in a positive way while awaiting trial, it becomes easier for the court to accept that the defendant is innocent, or that he is a good candidate for a non-jail sentence (e.g., suspended sentence). In addition, a defendant out on bail is more likely to be able to withstand the pressures of a trial, because he is better able to take care of himself at home than in jail.
	**A defendant out on bail has the opportunity to demonstrate to the court or prosecutor why they should be treated with leniency. It is nearly impossible while incarcerated for a client to overcome the perception that he is anything other than a criminal. But if a client is allowed to attend school, to work, to contribute to the community in a positive way while awaiting trial, it becomes easier for the court to accept that the defendant is innocent, or that he is a good candidate for a non-jail sentence (e.g., suspended sentence). In addition, a defendant out on bail is more likely to be able to withstand the pressures of a trial, because he is better able to take care of himself at home than in jail.

	== The Role of the Defendant's Lawyer ==		== The Role of the Defendant's Lawyer ==