Attorney Michele Da Silva is an agreessive criminal defense attorney. If you are facing criminal charges, it is important that you speak with a criminal defense attorney who understands the complexity of our legal system so that you may be properly infomed of the consequences that you may face. Having an aggressive criminal defense attorney advocate on your behalf may help ensure that a fair bail is set based on your personal history and factors or possiblity even get you released without posting bail (released on personal recognance).
What You Should Know
The purpose of bail is to ensure that the defendant appears in court. Having an experienced criminal defense attorney represent you, will allow her to emphasize the purpose of bail and oppose any unnecessary conditions of release that are often difficult to follow.
At a bail hearing, the Judge or Clerk Magistrate will decide whether you will be released on your own recognizance, or held on bail. If you are held on bail, you will not be released from custody until someone posts with the court the amount of money set by the judge at the bail hearing. Depending on your past criminal record or the seriousness of the crime alleged you may be denied bail altogether. If the crime is of a serious nature, a Dangerous Hearing also known as a 58A Hearing will be held within 7 days to make the determination whether you may be released on conditions or will be held in custody until the matter is resolved.
Factors a Judge will Consider in Setting Bond
In his determination as to whether there are conditions of release that will reasonably assure the safety of others and assure one's return to Court, the judge shall, on the basis of any information which he can reasonably obtain, take into account factors included but not limited to:
(1) the nature and seriousness of the danger posed to any person or the community that would result by the person’s release;
(2) the nature and circumstances of the offense charged;
(3) the potential penalty the person faces;
(4) the person’s family ties;
(5) employment record;
(6) history of mental illness;
(8) the risk that the person will obstruct or attempt to obstruct justice or threaten, injure or intimidate a prospective witness or juror;
(9) record of convictions;
(10) any illegal drug distribution or present drug dependency;
(11) whether the person is on bail pending adjudication of a prior charge;
(12) whether the acts alleged involve abuse under 209 (A) (domestic violence);
(13) whether the person has any history of restraining orders issued against him/her;
(14) whether the person is on probation, parole or other release pending completion of sentence for any conviction;
(15) whether the person is on release pending sentence or appeal for any conviction.
Why have Attorney Da Silva represent you? If you are represented by an attorney at a bail hearing you will have a personal advocate on your your side which, in some circumstances, may help reduce the bail amount or possibly get you released without posting bail (release on personal recognizance). Don't appear at a bail hearing without your private attorney. Call today to speak with an experienced criminal defense attorney.