Difference between revisions of "Bail"
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== 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 == | ||
