Criminal Defense Lawyer John E. MacDonald, Inc. of Providence, Rhode Island
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Any 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 of 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.
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 E. MacDonald, Inc. at 401.421.1440 for a consultation.
At an arraignment hearing, a defendant stands before a judge, is formally charged with a crime, and bail is determined. Bail is the condition set for a defendant’s release until their next court appearance. When most people think of bail, they tend to think of a set amount of money required to be paid in order to be released. However, bail security conditions don’t always involve money.
One type of bail is called personal recognizance. Personal recognizance is often offered to first-offenders facing non-violent criminal charges. Under personal recognizance, the defendant is not considered a danger to society or a flight risk and promises to appear at all future court hearings without the requirement of posting money.
The court may also impose non-monetary conditions on bail. For instance, the defendant may be released but required to be monitored by Pre-trial services which may impose counseling or substance abuse conditions.
If the court decides to set money bail, the judge is required to follow the Supreme Court’s bail guidelines. Monetary bail is imposed when the court believes that a defendant will not appear at future hearings, may engage in criminal activity when released, or has violated bail terms in the past.
Not every defendant is entitled to bail. For example, in capital cases, such as murder, rape, or arson, a defendant may be held after a bail hearing until their trial in Superior Court.
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. Even if tier one is met, the court may exercise its discretion to set bail under tier two. This tier considers a defendant’s ties to the community, criminal history, risk of flight and danger to the community.
If surety bail is set, a defendant is required to post 10% of the total value of the bail set by the judge. For example, if your bail is set at $30,000, you must pay $3,000 to be released. Judges will consider the defendant’s financial standings and ability to pay the bail because the bail amount shouldn’t be regarded as a pretrial penalty.
If the defendant can’t afford to pay the bail amount, they are entitled to a bail hearing. At their bail hearing, the state must provide evidence that justifies holding the defendant in jail until their trial. In many cases, a criminal defense attorney can help negotiate bail costs and reduce it to satisfy the courts without having to schedule a bail hearing.
There are many different factors that a judge will consider when determining bail. The severity of the crime, the defendant’s criminal history, their employment status, and if they have close ties to the community are all variables that a judge considers when establishing bail conditions. Testimony of family members, friends, colleagues, or neighbors may also help support a defendant’s request to be released on bail.
Of course, a judge may decide to deny bail in some cases. For example, if the defendant has a long criminal history and is considered a flight risk and danger to the community, they may be required to stay in prison for the duration of the case.
Defendants who can’t afford to pay their bail can contact a bail bondsman. A bail bondsman, also called a bond agent or dealer, is a person or company that provides the sum of money required for a defendant to be released while their case is pending. The defendant is then under contract with the bail bondsman to appear in court or forfeit collateral, such as property, car, or stocks, to pay for the remaining bail amount if they don’t appear in court.
Yes, bail can be revoked if the defendant doesn’t follow the terms and conditions of their bail. This is why it’s so crucial for defendants to understand what constitutes a bail violation to avoid these actions. Examples of bail violations are:
If the state becomes aware of a bail violation, a defendant will have to appear at a bail violation hearing or be detained while the court decides the outcome.
If you commit a crime while released on bail, your bail will be revoked, and you’ll face additional penalties. According to Rhode Island Bail Law:
12-13-1.2 Penalty for an offense committed while on release.
(a) Every person who commits a criminal offense while released on personal recognizance or bail pursuant to this chapter shall, if convicted of both offenses, be sentenced, in addition to the sentences prescribed, to:
(1) A term of imprisonment of not less than two (2) years and not more than ten (10) years, a fine of not more than five thousand dollars ($5,000), or both, if the offense is a felony; or
(2) A term of imprisonment of not less than ninety (90) days and not more than one year, a fine of not more than one thousand dollars ($1,000), or both, if the offense is a misdemeanor.
(b) A term of imprisonment imposed pursuant to this section shall be consecutive to any other sentence of imprisonment.
It is possible to appeal a bail decision set by a judge, and defendants are encouraged to do so if the terms of their bail appear to be unjust or a form of a pretrial punishment. Bails that go through the appeals process are then reviewed in the Superior Court of Rhode Island.
It is highly recommended to have a criminal defense attorney for a bail hearing and arraignment hearing when your bail is set. Your criminal defense attorney can help you understand the terms of your bail, negotiate on your behalf, and present evidence that shows you as an active and non-violent member of your community.
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 E. MacDonald, Inc. at 401.421.1440 for a consultation.
DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter. Also, the Rhode Island Supreme Court licenses all lawyers in the general practice of law, but does not license or certify any lawyer as an expert or specialist in any field of practice.
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