BAIL ISSUES

One of the first pressing concerns for people accused of a criminal charge and their loved ones is reducing their bail in order that the defendant can get bailed out of jail.  This usually involves a hearing in front of a judge within a few days of the defendant’s arrest.  Typically the prosecutor asks for a high amount of bail and the defendant’s attorney asks for a lower amount of bail or for personal recognizance bail.

Here are some examples of successful bail arguments made by Attorney Stevens to reduce the amount of his clients’ bail in order to secure their release from jail pending trial:

BAIL REDUCTION EXAMPLE 1:

• CHARGE: Possession with intent to distribute ten pounds of marijuana.
• PROSECUTOR’S REQUEST FOR BAIL: $100,000.00 CASH.
• ATTORNEY STEVENS REQUESTED BAIL AMOUNT: $25,000.00 cash or surety, an amount that the client was able to post.
• RESULT:$25,000.00 cash or surety, an amount that the client was able to post.

BAIL REDUCTION EXAMPLE 2:

• CHARGE:Theft of one million dollars ($1,000,000.00).
• PROSECUTOR’S REQUEST FOR BAIL: $100,000.00 CASH.
• ATTORNEY STEVENS REQUESTED BAIL AMOUNT: Personal recognizance.
• RESULT:Personal recognizance.

BAIL REDUCTION EXAMPLE 3:

• CHARGE:Possession of crack cocaine with intent to distribute within 1000 feet of a school zone, second offense. Defendant had over forty prior convictions on his record and two defaults.
• PROSECUTOR’S REQUEST FOR BAIL: $5,000.00 CASH.
• ATTORNEY STEVENS REQUESTED BAIL AMOUNT: $500.00 cash.
• RESULT: $500.00 cash.

BAIL REDUCTION EXAMPLE 4:

• CHARGE: Distribution of heroin within 1000 feet of a school zone.
• PROSECUTOR’S REQUEST FOR BAIL: $2,500.00 CASH.
• ATTORNEY STEVENS REQUESTED BAIL AMOUNT: $500.00 cash.
• RESULT: $500.00 cash.

BAIL REDUCTION EXAMPLE 5:

• CHARGE: Assault. Client’s second offense; allegedly committed while he was out on bail for another assault.
• PROSECUTOR’S REQUEST FOR BAIL: $20,000.00 CASH.
• ATTORNEY STEVENS REQUESTED BAIL AMOUNT: $10,000.00 surety.
• RESULT: $10,000.00 surety.

BAIL REDUCTION EXAMPLE 6:

• CHARGE:Harassment; obscene phone calls. Client’s accused of nine separate misdemeanors. Extensive record, two prior defaults and one count of bail jumping.
• PROSECUTOR’S REQUEST FOR BAIL: $20,000.00 CASH.
• ATTORNEY STEVENS REQUESTED BAIL AMOUNT: $500 cash or $2500.00 surety.
• RESULT: $5,000.00 cash or surety.

BAIL REDUCTION EXAMPLE 7:

• CHARGE: First degree assault. Four prior defaults.
• PROSECUTOR’S REQUEST FOR BAIL: $100,000.00 cash.
• DISTRICT COURT BAIL ORDER:  $100,000.00 cash.
• ATTORNEY STEVENS REQUESTED BAIL AMOUNT: $25,000 personal recognizance.
• RESULT: $50,000.00 surety (bail bond).

BAIL REDUCTION EXAMPLE 8:

• CHARGES: Possession of controlled drug, accomplice to theft, prowling.
• PROSECUTOR’S REQUEST FOR BAIL: $2,000.00 CASH.
• ATTORNEY STEVENS REQUESTED BAIL AMOUNT: Personal Recognizance.
• RESULT: Personal Recognizance. Client released from jail pending trial.

BAIL REDUCTION EXAMPLE 9:

• CHARGE:Accomplice After the Fact of a 1st degree assault (a shooting case).
• PROSECUTOR’S REQUEST FOR BAIL: $150,000.00 CASH.
• ATTORNEY STEVENS REQUESTED BAIL AMOUNT: $25000.00 surety (bond).
• RESULT: $50,000.00 bond, an amount the client could post.

BAIL REDUCTION EXAMPLE 10:

• CHARGES: Unlawful Intoxication by a minor; possession of marijuana with intent to distribute.
• PROSECUTOR’S REQUEST FOR BAIL: $5,000.00 CASH.Client held for two days in jail on holiday weekend prior to bail hearing.
• ATTORNEY STEVENS REQUESTED BAIL AMOUNT: $5,000.00 personal recognizance.
• RESULT:$5,000.00 personal recognizance; client released from same day.

Contact Information:
If you leave a voice message or send an email, please include ONLY the following information:

• Date of any alleged offense you have been charged with.
• The court in which you have been told to appear.
• The date and time you have been told to appear.

Information in this column should not be construed as legal advice and does not constitute an engagement of the Mark Stevens Law Office, nor any attorney associated with the Mark Stevens Law Office. The information contained herein is of a general nature and may not apply to any particular set of facts and circumstances. Please bear in mind that laws change frequently. We will make an effort to update the information on a regular basis, but are under no obligation to do so. No part of this document, nor any information contained in this website, may be disseminated without this paragraph. This may be considered legal advertising.

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