4. Take steps to address allegations of substance abuse and mental health issues – Criminal cases often involve allegations of substance abuse or mental illness. Even if these allegations are false, it is important for the judge to believe that any alleged issues are being addressed. If there is a question about whether a problem exists, schedule an evaluation. If the defendant has an acknowledged problem, have treatment in place and waiting for him upon his release. If a formal evaluation and treatment seem too expensive, explore free or low cost options such as sobriety meetings or community counseling services. Making these efforts will allow the defendant’s attorney to demonstrate that both the defendant and his support network are serious about addressing the court’s concerns.

5. Address community and victim safety – Before releasing the defendant, the judge wants to be sure he isn’t going to go right back out and commit another crime. A criminal record can be difficult to overcome in this regard. The defense attorney will need to explain and minimize any criminal history to the satisfaction of the judge. Be sure to tell the lawyer about any extenuating circumstances or life changes that might help explain this crime or past crimes. Examples of life events that sometimes cause people to behave erratically include loss of employment, death or illness of a loved one, and divorce. Such events don’t excuse unlawful behavior but may help explain it in way that convinces the judge it is unlikely to reoccur.

6. Avoid arguing the defendant’s innocence and/or trashing the alleged victim – A release hearing is not the time to argue that the defendant has been falsely accused. Most judges just don’t want to hear it, and it’s not an argument you’re going to win at this stage of the case. Even worse, it puts the judge in the position of responding to your arguments by explaining why the evidence makes the defendant look guilty, and you really don’t want the judge focusing on the negative aspects of the case. For that reason, neither the defendant nor friends and family should comment on the merits of the allegations. Leave that issue for the defense attorney who is in the best position to decide whether to point out weaknesses in the prosecutor’s case. You should not hesitate, however, to tell the defense attorney about any exculpatory information that might be available so that he or she can decide how and when to use it.

7. Get a crowd to show up for the bail hearing – Nothing shows community ties and good character better than a crowd of people willing taking time out of their lives to show up in court to support the defendant. Anyone and everyone who is willing to come should be enlisted to pack the courtroom on the day of the hearing. They don’t have to write a statement or say anything to the judge. Just show up. During the hearing, the defense lawyer can simply ask that the group stand to show their support for the defendant. This creates a very powerful image and could make all the difference in the judge’s decision.

Because bail and release decisions are left to the discretion of the judge, no one can guarantee that you will achieve the hoped for result. Sometimes the accusations are just too much to overcome. Sometimes you just draw the wrong judge. In most cases, however, if friends and family members follow these basic steps, the defense attorney will be able to cast the defendant in the best possible light and dramatically increase the chances of getting a bail reduction or personal recognizance release.

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