In this article, an experienced Detroit criminal lawyer explains how bail is set for extremely serious offenses.
Bail vs. Type of Offense
How your Detroit criminal attorney handles your bail and possible release depends to a great degree on what type of criminal activity is involved. Whether or not the judge and prosecutor feel that it is safe to release you has a great deal to do with the severity of the criminal offense with which you have been charged.
When your Detroit criminal lawyer determines what kind of bail might apply in your case, the attitudes of the judge and prosecutor should be taken into consideration.
Crimes Involving Violence
The safety of the community must be a priority when your Detroit criminal lawyer approaches the question of bail. If you have been accused and charged with a violent crime, you may present a danger to others. In order to prevent this, you can be placed under preventive detention or your bail may be set to a higher amount than you can afford.
In order to both assist you and protect the general public, your Detroit criminal lawyer may consider some of the following options:
- Having you placed under home confinement with a device that monitors your movements;
- Requiring that you observe a curfew; and
- Forbidding you contact with others, especially victims and witnesses.
It may seem to the judge that, given the severity of the crime of which you are accused and length of the possible jail sentence, detention does not affect you very adversely. Although your Detroit criminal lawyer probably will not present evidence this early in the proceedings, the prosecution’s case and any assumptions of guilt will need to be contested.
Your Detroit criminal attorney may challenge the documentation containing the charges based on questionable reliability of informants who could possibly benefit from the testimony they have given or other possible weaknesses in the prosecution’s case.
Setting a high bail amount may not help you if your crime involves the sale or purchase of drugs. If you do not have a legal job with a sufficiently high rate of pay, the source of the money that you put up for bail may be suspect and a source hearing might be requested by the prosecution. It could be thought that your very income, traceable as it is to no legal kind of work, serves as an indication of your guilt.
Types of Bail
There are some kinds of bail that might serve you more effectively if your crime is one of drug trafficking. Rather than having you post a sum of money for bail, your Detroit criminal attorney may deem it wise to suggest that you put up real estate instead. Another possibility might be that you provide someone who is willing to act as suretor for you by putting up his or her home as a guarantee of your good behavior. Finally, your attorney may be able to secure your temporary release if you are willing to submit to monitoring by means of a GPS device, if you report to the appropriate officials prior to trial or if you agree to remain confined to your home.
Call for Help Now
If you have been charged with a crime, especially a serious crime, contact your Detroit criminal lawyer as soon as possible. Call Timothy A. Dinan at 313-821-5904 today.