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Arguing for Bail to Avoid Pre-Trial Incarceration in Counterfeiting Cases
Arguing for Bail to Avoid Pre-Trial Incarceration in Counterfeiting Cases
Being charged with counterfeiting can lead to scary consequences, including pre-trial incarceration if bail is denied. However, there are strong arguments defendants and their attorneys can make to convince judges to grant bail instead of pre-trial detention.
Judges have discretion in setting bail, but some factors they must consider include the defendant’s criminal history, ties to the community, and flight risk. Defense attorneys should research these areas thoroughly and present evidence of stability and low risk. Community ties like employment, residence, and family responsibilities indicate the defendant is not a flight risk. Letters of support from employers, landlords, and family members can powerfully demonstrate these connections. A clean criminal record also argues for release.
Financial conditions of bail should be affordable based on a defendant’s resources. Defense lawyers can negotiate conditions like unsecured bonds, third-party custody, and graduated bail amounts. Unsecured bonds only require payment if the defendant misses court dates. Third-party custody allows a responsible person to monitor the defendant. Graduated bail starts lower and increases if conditions are violated.
Judges may impose non-financial conditions instead of or in addition to bail, like GPS monitoring, drug testing, or restricted travel. Defense attorneys should argue these are less restrictive alternatives that still reasonably assure court appearance and public safety. Pre-trial incarceration should be an absolute last resort.
Public safety is a key concern in bail decisions. However, defense lawyers can demonstrate their clients are not dangerous through psychological evaluations, compliance with prior release conditions, and character references. Danger to the public must be proven – not assumed.
Flight risk is another common bail denial justification. But data shows most defendants, even those facing serious charges, will not flee if released pre-trial. Defense attorneys can present studies proving low flight rates, especially when conditions like monitoring are imposed. Data trumps unfounded fears.
Bail was never meant to punish defendants before trial. The 8th Amendment prohibits excessive bail precisely to avoid pre-trial punishment. Defense lawyers should underscore bail is only meant to reasonably assure court appearance. Pre-trial incarceration punishes without due process.
Pre-trial incarceration has devastating consequences, disrupting lives and jeopardizing defenses. Jailed defendants often lose jobs, housing, vehicles, and even custody of children. Incarceration impedes their ability to meet with counsel, gather evidence, and testify at trial. These impacts can coerce innocent people into unfavorable pleas. Bail denial basically punishes first, asks questions later.
The Timbs v. Indiana Supreme Court decision barred excessive economic sanctions under the 8th Amendment. Defense attorneys can argue costly bail amounts are an unconstitutional economic sanction. Defendants should not pay for poverty with liberty.
Racial disparities in pre-trial incarceration rates also demonstrate the harm of excessive and unaffordable bail. Studies like the Vera Institute’s Report reveal significantly higher pretrial detention rates for Black and Latino defendants. Economic inequality and bias should not determine freedom.
The COVID-19 pandemic provides another compelling argument against pre-trial incarceration. Jails and prisons are infection hotspots. For non-violent charges like counterfeiting, is bail denial worth risking exposure to a deadly virus? Many jails now allow bail reviews specifically citing virus concerns. Public health cautions against unnecessary detention.
Finally, human stories resonate more than data for many judges. Defense lawyers should humanize clients through background details, character references, and personal narratives. Detail positive qualities, community ties, and family impacts. Help judges see the human behind the charge. Emphasize their presumption of innocence.
Pre-trial incarceration is not the default; liberty is. With smart advocacy grounded in research, data, and humanity, defense attorneys can powerfully argue for bail and pre-trial freedom for counterfeiting defendants. Avoiding jail before trial helps protect rights, limit coercion, and preserve lives. Justice requires judging individuals, not just charges.