BAIL

Reduction of Bail

A person charged with a crime is entitled to be released on bail pending trial. Bail is security given for the release of a jailed person which guarantees his attendance at all required court appearances. A person charged with an offense has a right to be admitted to bail in all cases except where the evidence of guilt is strong that he committed: A capital offense, A felony while he was free on bail awaiting trial on a previous felony, A felony while he was on probation or parole for a felony.

Any person who is admitted to bail may likewise be released on his own recognizance, i.e., released without posting bail at the discretion of the court. In setting bail, the following criteria are usually used: Financial condition of the accused; Address of the accused and his employment history; Occupation, name and address of employer; Family situation and history; Prior criminal record and pertinent facts of the particular offense.

At the discretion of the court, bail may be posted in cash or by a written guarantee called a bail bond. The person who posts the bail bond is called a surety. Individual sureties are persons who collectively own real or personal property within the state with a net worth of at least the amount set in the order for bail. A motion is often filed to reduce the bail which has been initially fixed by the court. The motion is an application to the court for an order reducing the bail, stating the grounds upon which it is made. It must be filed within the time prescribed by law. The real purpose of bail is to ensure the attendance of the accused at all required court appearances. Therefore, if we can show that the accused resides and works in the immediate area or perhaps owns property in that area, the likelihood of that person's being admitted to bail increases.

In many cases the amount set by the court is excessive, considering the accused person's financial status, the nature of the alleged offense and other facts. That is why it is customary for this office to file a Motion to Reduce Bail and have our clients' bail reduced or released on their own recognizance.

Finally, meet with your attorney as soon as possible. When you meet with Mr. McDonald, be completely honest with your version of events. Tell us about any past criminal record or witness that might help or hurt your case. Remember that you are the most important part of your defense team.

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