Rhode Island Criminal Defense Lawyer
Bail In General
Whenever a defendant in Rhode Island is charged with a crime, that is either a capital case, drug manufacturing case, drug delivery case or possession of drugs with intent to deliver case, that defendant has a right to bail. Bail should always be set at the lowest amount with the least restrictive conditions to insure that the defendant will appear at all of his court dates, keep the peace and be of good behavior. Under Rhode Island law, there is a presumption of personal recognizance, for all misdemeanors and non-capital felonies. In cases where personal recognizance is not sufficient, further conditions can be imposed by the court but they must be the least restrictive as possible to insure appearance of the defendant and community safety.
Surety bail may be imposed in cases in which, the Court is reasonably satisfied that the defendant will not appear and/or the defendant will engage in other criminal contacts if not for the surety bail.
Bail Hearing and Capital Cases
Under Rhode Island law, defendants can be held without bail for the following:
- In all offenses punishable by imprisonment for life;
- For offenses involving the use or threat of use of a dangerous weapon by one already convicted of such an offense or already convicted of an offense punishable by imprisonment for life;
- For an offense involving the unlawful sale, distribution, manufacture, delivery, or possession with intent to manufacture, sell, distribute or deliver any controlled substance; and/or
- For possession of a controlled substance punishable by imprisonment for ten (10) years or more, when the proof of guilt is evident or the presumption great.
This however does not preclued a person that is charged with one of these crimes from having bail set even when proof of guilt is evident or the presumption is great. A defendant seeking bail must show the court that:
* He or she will not flee and will appear at the court appearences, and
* That they do not pose any risk to the safety of to the community.
If the above st shown by the defendant, the judge should set bail.
Throughout my legal career as a criminal defense lawyer, I have been able to obtain bail for many of my clients even though the defendants were charged with a capital case or a drug case. A good criminal defense attorney will review their clients background to show that they are not at risk of flight. Some of the factors that a good criminal defense attorney will use are the following:
- How long has the defendant resided in Rhode Island?
- How many family members of the defendant live in Rhode Island?
- Does the defendant have any children and do they attend school in Rhode Island?
- Is the defendant employed?
- Is the defendant under care of a physician?
- Does the defendant have a prior criminal record and facts indicating danger to the community?
- Has the defendant missed any prior court appearances?
- Does the person own property in Rhode Island?
- Does the person pay taxes?
- Did the defendant flee at the time of his arrest?
These are just some of the many factors an experienced criminal defense lawyer will argue to insure his client obtains bail.
Should you find yourself, or a loved one, about to attend a bail hearing, you need to be represented by an experienced Criminal Defense lawyer to increase the chances of bail being set.
I will work tirelessly to make sure that all my clients set forth their best argument at their bail hearing to insure the greatest chance that they will recieve bail.