Fight Your Case While on Bail

When someone is arrested they are charged with a crime but are presumed innocent until proven guilty even though they are kept in custody until court. The defendant, if left in jail, is limited to what he can do to help fight his criminal case. If the defendant is released from jail the chances the case is reduced or even dropped increase dramatically. Many arrested on felony charges will not be released on own recognizance and will need to post a bail bondwith a local bail bondsman to be released from custody.

When a defendant is out on bail he is free to seek a private attorney before trial or he can have a public defender appointed at his arraignment. While out on bail the defendant can meet with his public defender or private attorney face to face at court or anywhere else and is free to call him at any time. Trying to communicate with an attorney from jail is difficult and can be detrimental to a criminal case.

A private attorney or public defender can have access to an arrest report whereas the defendant in jail does not. A defendant doesn't always have a right to an arrest report because witnesses need to be protected and obtaining one while incarcerated is nearly impossible. The defendant can freely communicate to his lawyer to make sure a copy is obtained and he can freely ask questions about the details in the report. Making requests, asking advice or getting information is easiest out of custody and not behind bars or shackled to a chair dressed in an orange jump suit.

Appearance does matter and being able to dress appropriately in court may help your case as well. Contrary to common thought a victim does not need to press charges. The decision to file charges is made by the DA's office. The prosecutor decides what charges to file and whether to charge a case as a felony or a misdemeanor. He also decides to file on fewer or more or on all of the crimes the defendant was initially arrested for. Looking less like a criminal in court may have an impact on the prosecutor and judge when the defendant's lawyer files pretrial motions or asks for a lighter punishment.

Another impact on the prosecutor's decisions in court may be the fact that the defendant is not in jail. If the evidence is shaky in an arrest report the prosecutor may decide not to file charges if he knows the defendant has been released on bail. When a defendant doesn't have the means to bail and is stuck in jail the prosecutor knows the defendant is likely to accept a bargain for a plea of guilty or no contest so he can be released from jail even if little or no evidence exists. The DA's office needs convictions and easy ones are always better than difficult ones.

The DA gets easier convictions from defendants in jail and has a more difficult time when out of custody. Defendants out on bail take longer, are more informed, and are able to communicate more freely. A perceived difference exists and it's beneficial for the defendant to be on bond and out of custody especially if they have no prior criminal record. Most California bail bonds agencies provide payment arrangements in order to make the bail process more affordable. When you fight your case out on bail a better chance exists to get reduced charges, a reduced sentence or charges dropped.