Rhode Island Bail Hearing

Bail HearingAny defendants facing a bail hearing and or a bail violation hearing must have the right representation to ensure release during the pendency of the case. Attorney John E. MacDonald has 25+ years experience aggressively representing clients facing incarceration long before they can have their day in court at trial. If you or a loved one is facing a bail hearing on a capital offense or drug charge or a bail violation hearing on any charge, contact the Law Office of John E. MacDonald today to schedule your consultation.

Bail Hearing Evidentiary Standard

When a bail hearing is conducted for a capital or drug distribution offense, the court is required to make a two-tiered finding after a bail hearing:

Under tier one, the court must weigh the evidence, in the light most favorable to the state, without assessing credibility, to determine if ‘proof of guilt is evident or the presumption great’ that a non-bailable offense was committed and that the defendant committed it. If tier one is satisfied, the court may hold the defendant without bail unless discretion is exercised under tier two.

‘Proof of guilt evident or presumption great’ is a standard higher than probable cause and equivalent to the reasonable satisfaction standard of a violation hearing.

Bail Hearing Case Examples

    • Client was charged with first-degree sexual assault. Represented by another attorney, the client was ordered held without bail after a District Court bail hearing. The client’s family retained attorney MacDonald who successfully advocated for bail in the Superior Court. After a four day jury trial, the client was found not-guilty of all charges.
    • Client was charged with kidnapping and attempted sexual assault. Attorney MacDonald represented the client at in Superior Court where, after hearing, bail was set and the client released. Attorney MacDonald successfully negotiated a disposition of simple assault for no jail.
  • Client was charged with first degree child molestation. The state insisted on a hold without bail so Attorney John E. MacDonald requested a bail hearing with witnesses. After an extensive cross examination of the complaining witness, which highlighted a motive to fabricate the story, the judge ordered bail to be set.

Securing an experienced attorney for your bail hearing is vital for defending your rights. If you’re seeking an experienced Rhode Island Bail Hearing Lawyer contact The Law Office of John MacDonald at (401) 421-1440 for a consultation.