For this month’s Attorney Question of the Month, our Network President Marty Hayes queried our affiliated attorneys, asking for input on bail and variations on how bail works in the various states across our nation. We asked–
In your jurisdiction, under what circumstances can a judge refuse to grant bail?
What is a typical bail amount for a murder or manslaughter charge in the area in which you practice law?
What does a defendant typically have to pledge in assets for a bail bondsman to agree to write the bond?
Our affiliated attorneys shared the following–
Steven C. Howard
209 N. Walnut, Upper Level, Lansing, Michigan 48933
517-374-9000
http://stevenhowardesq.com/
A judge can and will generally refuse to grant bail if he believes that a person is going to pose a continual threat to the general public. Other reasons he can use are: if he believes the person will be a flight risk/won’t show up to court. If a person has failed to come to court in the past, this is another reason judges will not grant bail.
Amounts of bail vary widely from $50,000 with the person posting 10 percent of that amount, to $1 million with the person having to post the entire amount. This depends on many factors. The first is how good your lawyer is. A good lawyer will argue that a person is not a flight risk and poses no threat to the general public. Other factors vary. A doctor, lawyer, or anyone with a professional license will get a much lower bail than a person who is a transient or someone who is illegally in the United States.
What does it take to get a bondsman? This is simple: how much collateral do you have? If it’s a $10,000 bail and you have a $300,000 house that’s paid for, there are virtually no bondsman that will not write you a bond! They know that if you run, or don’t come to court, they will make money hand over fist by seizing and selling your house. If you have $100,000 bail, and no property, or other things that they can keep as collateral, it is difficult if not impossible to get a bondsman to write you a bond. Bondsmen are much like bankers, if you have collateral they’re happy to lend you money.
John Cabranes
840 Lake Avenue, Suite 100, Racine, WI 53403
262-638-0529
https://cdllawoffices.com
In Wisconsin the court is required to set bail unless the state requests a hearing to deny bail. Those are extremely rare and in 26 years of practice have never seen the state request one. The easy way for the court to avoid the no bond hearing is to set the bail so high that the defendant is not going to be able to post it.
The bail is going to be determined by the actual charge and facts. On a homicide charge, whether intentional or reckless, bail is going to be a minimum of six figures and if the charge is 1st degree intentional homicide I would expect bail to START at 1 million.
In Wisconsin there are no bondsmen and the defendant is required to post 100 percent of the bond.
Benjamin M. Blatt
P. O. Box 221, South Bend, IN 46624
574-360-4039
https://www.facebook.com/hoosierattorney/
In Indiana, murder is not bailable when the proof is evident or the presumption is strong. (IC 35-338-2). The case on point for when a defendant seeks to rebut this and obtain bail is Fry vs. State, 990 N.E.2d 429 (Ind. 2013). Basically, if the prosecutor presents evidence (since the state has the burden when the defendant moves for bail), which would be admissible at trial that it is more likely than not the defendant committed the murder, bail is denied, full stop. This can be via physical evidence or testimony, so long as it’s enough to convince the judge with evidence that would be admissible at trial.
Otherwise, the standard for a Level 1 felony is generally cash bail of $40-50K, depending on the county, or 10 percent bond or surety, with attempted murder typically going into six digits. So even if a defendant can get bail on a murder charge, they should still expect the bond 10 percent amount to be at least $10,000 plus fees, and it would not be unreasonable for the court to impose a seven-figure bail amount on a murder defendant, especially since money talks and it is more likely that someone with the assets to reasonably pay a seven-figure bail would have the legal horsepower to succeed in a bail hearing on a murder charge.
If you were charged with a murder offense and somehow got bail with a massive bail amount, you could expect to be looking at a property lien on a property other than your residence worth at least the bail amount, or perhaps, if you have the assets, a lien on seizable vehicles.
Frank G. Dobrovolny
The Dobrovolny Law Firm, P.C.
217 S. Ragsdale Street, Jacksonville, TX 75766
903-586-7555
https://dobrovolnylawfirm.com/
In your jurisdiction, under what circumstances can a judge refuse to grant bail?
In Texas, our Code of Criminal Procedure, Title I Chapter 17 governs how bail is to be set by magistrates. See below.
Art. 17.028. BAIL DECISION. (a) Without unnecessary delay but not later than 48 hours after a defendant is arrested, a magistrate shall order, after individualized consideration of all circumstances and of the factors required by Article 17.15(a), that the defendant be:
(1) granted personal bond with or without conditions; (2) granted surety or cash bond with or without conditions; or (3) denied bail in accordance with the Texas Constitution and other law.
(b) In setting bail under this article, the magistrate shall impose the least restrictive conditions, if any, and the personal bond or cash or surety bond necessary to reasonably ensure the defendant’s appearance in court as required and the safety of the community, law enforcement, and the victim of the alleged offense.
(c) In each criminal case, unless specifically provided by other law, there is a rebuttable presumption that bail, conditions of release, or both bail and conditions of release are sufficient to reasonably ensure the defendant’s appearance in court as required and the safety of the community, law enforcement, and the victim of the alleged offense.
Accordingly, a magistrate or judge may deny bail at any time they deem it necessary to reasonably ensure a defendant’s presence in court, to protect the community, law enforcement, or the victim. Magistrates/judges have broad discretion in this regard.
What is a typical bail amount for a murder or manslaughter charge in the area in which you practice law?
The amount of bail varies from magistrate to magistrate. One magistrate/judge may place a $250,000 bond on a murder charge and another judge may impose a $1,000,000 bond for the same offense. As a lawyer, I have seen manslaughter bonds as low as $50,000 and as high as $250,000. On murder charges in my area I have seen anything from $200,000 surety to $1,000,0000 CASH.
What does a defendant typically have to pledge in assets for a bail bondsman to agree to write the bond?
Of course, a bondsman is asking for 10 percent, however we also know that they routinely accept less to post the bond based on the defendant’s promise to make payments. I’ve seen bondsmen take next to nothing for serious felony bonds but usually 2-5 percent will get them to agree to post the bond. Generally, I’m not seeing a “pledge of assets” occur, but rather a promise to make payments until they have paid the 10 percent bond fee.
Timothy A. Dinan
Dinan Legal Services, PLLC
702 Notre Dame, Suite 103, Grosse Pointe, MI 48230
313-821-5904
http://www.timdinan.com
In your jurisdiction, under what circumstances can a judge refuse to grant bail?
Crimes of violence involving death or great bodily injury where preliminary indications point to the suspect usually call for a high bond. Either no bail or million dollar bail. Other circumstances include repeated behavior, articulated threats which the accused has the ability to carry out, multiple prior convictions, demonstrations of extreme behavior such as torture, multiple victims, etc. Other elements include a weapon or weapons, motive, premeditation if indicated, etc.
What is a typical bail amount for a murder or manslaughter charge in the area in which you practice law?
In the Metro Detroit area, homicide crimes can range from $50K to $1M-plus depending on circumstance. With that in mind, any defendant is entitled to have an initial bail amount reviewed by the trial judge. Anyone can be arrested and the investigation sometimes sheds light on defenses and circumstance which can change the view of the government.
What does a defendant typically have to pledge in assets for a bail bondsman to agree to write the bond?
In addition to the fee of 10 percent of the bond amount, the bondsman will look to homes, bank accounts, and other tangible assets. Most will not look at collectibles such as firearms, etc. Cash or cash equivalent. In Metro Detroit, some jurisdictions allow for a “10 percent” bond where the defendant only needs to put up 10 percent of the bond amount. Some bondsmen will write a bond for this type of bond, too.
All of that being noted, MI, like many jurisdictions, is taking a hard look at bonds to determine if they are a real guarantee to return to court or another way the poor are penalized in the penal system. So, a number of factors can be used to determine bond.
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Thank you, affiliated attorneys, for your comments about this topic. Members, please return next month for the a new topic of discussion.
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