Difference between revisions of "Bail"
From Criminal Defense Wiki
Jump to navigationJump to search| 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 | ||
