For many criminal defendants, the imposition of bail renders the presumption of innocence an empty promise. Based upon a mere accusation, criminal defendants are routinely thrown in jail and held there for months awaiting trial unless they can buy their way out by posting bail. To make matters worse, bail is often set at outrageously high amounts for seemingly minor crimes. Friends and family who don’t happen to have a hundred thousand dollars lying around feel totally helpless. In most cases, however, these friends and family members hold the key to obtaining a bail reduction or even release on personal recognizance. Here are seven steps you can take to help someone you know get out of jail pending trial:
1. Hire a good criminal defense attorney – It may seem counterintuitive to spend money on an attorney when you may need it for bail, but hiring a good criminal lawyer is truly a wise investment. If you do your research and interview several criminal lawyers, you can make sure that the defendant has a top notch criminal defense attorney. Although there are some great public defenders out there, it’s all about the luck of the draw with them. Moreover, even the good ones have overwhelming caseloads and may not be able to meet the defendant until they’re in court on the day of the hearing. The safest course is to hire a private criminal defense attorney who has the time necessary to prepare a polished presentation for the judge. If you just can’t afford to hire a private criminal defense attorney, do your best to help the public defender, and make sure that he or she is ready for the bail hearing.
2. Establish the defendant’s good character – Get letters of support from friends, relatives, neighbors, teachers, employers, etc. If the defendant doesn’t want the whole world to know about the trouble he’s in, just ask people for a general reference letter like you might use for job or school applications. The letters should state how the writer knows the defendant, for how long, and how well. As for what to say about the defendant’s character, there is no magic formula. It’s best to just describe whatever positive character traits come to mind. You want it to seem genuine and heartfelt, so you should just tell the truth instead of trying to figure out what the judge wants to hear. If possible, letters should give specific examples to illustrate the defendant’s good character. The key is to make the judge think of the defendant as a real, likeable person rather than an accused criminal.
3. Demonstrate ties to the community – The judge needs to know that the defendant isn’t going to run if he’s released from jail. The best way to reassure the judge is to establish strong ties to the local community. Ideally, the defense attorney will want to establish that the defendant is a long-time local resident with a confirmed address. His lawyer will also want proof of employment (or school attendance). Local family ties also help. If necessary, the defense lawyer can rely on the defendant for this information, but it is far better if it can be confirmed by someone else, preferably in writing.
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