- October 17, 2013
- The Justice System
The Justice System: Will You Get Bail?
In The Justice System, what factors does the court consider in determining whether a client will be granted bail or remain incarcerated pending the outcome of the case? For most clients, this is the single most important issue after learning they have been charged with a criminal offense. Therefore, consider carefully what experienced attorney to retain.
While the Eighth Amendment does not create a right to bail, it prohibits the use of excessive bail when bail is permitted. In the federal system, the Bail Reform Act of 1984 governs pretrial release and detention.
Because a defendant is presumed innocent in The Justice System, there is a presumption in favor of pretrial release. However, the courts may detain a defendant pending trial if the prosecution can show by clear and convincing evidence that no conditions of release will reasonably ensure the defendant’s appearance at trial or protect the safety of the community. A rebuttable presumption of dangerousness and risk of flight exists when: (1) a defendant is charged with a crime of violence, a capital offense, or a drug felony that carries a maximum term of imprisonment of ten years or more; and (2) there is probable cause to believe that the defendant committed the crime charged. In determining whether a defendant is a flight risk, the courts will also consider the defendant’s ties to the community, the defendant’s criminal history, and the defendant’s ability to post bail.
At a detention hearing, the defendant has a right to have an attorney present, to testify in his or her own behalf, to cross-examine witnesses, and to present evidence. If the judge grants the defendant’s request for bail and imposes conditions of release, the conditions will remain in effect throughout trial unless the judge amends the order for release. If the judge does not grant the defendant’s request for bail, the defendant may appeal the district court’s decision. Such appeals are rarely successful and are often not pursued.
Therefore, if you or a loved one has been charged with a criminal offense and seeks bail or a reduction in bail so they may fight the case without being incarcerated pending the outcome, it is important that you contact an experienced Michigan criminal defense attorney today, regardless of whether you are in Detroit, Flint, Kalamazoo, Lansing, Grand Rapids, Monroe, Ann Arbor, Troy, Rochester Hills, or Sterling Heights.