Articles Posted in Bail Issues

prison callWith the average length of time served by federal inmates more than doubling from 1998 to 2012 (from 17.9 to 37.5 months) it should not be surprising that approximately 10,000 federal inmates per year receive substantial assistance departures from judges at sentencing – meaning these inmates receive a break from sentencing judges due to their cooperation with the government.  This figure does not take into account the countless thousands of inmates who are desperately attempting to cooperate with the government but simply are not in a position to substantially assist in the “investigation or prosecution” of another individual – but that certainly is not for lack of trying.  U.S.S.G. §5K1.1.  For these reasons, criminal defendants who are detained prior to their trials face a dangerous reality having nothing to do with dangerous prison conditions: they are surrounded by inmates who will do all that they can to help the government convict them or, in the alternative, assist in bringing additional charges against the ignorant detainee.  It is imperative, therefore, that after hiring the best criminal defense attorney possible for their case in New York, New Jersey, Connecticut or elsewhere, defendants do the second most important thing: not make their case worse while incarcerated.   Continue reading

hands-behind-barsBail applications are hugely important parts of any criminal defense case even though ostensibly such motions have nothing to do with the case’s ultimate disposition.  The most experienced and successful New York criminal defense attorneys will tell you that beyond the obvious goal of securing the client’s freedom pending trial, a bail motion can provide some insight into the prosecution’s theories and evidence which otherwise would not surface until much closer to trial. The more effort put into the written submission and oral argument before the court, therefore, the greater head start a defense lawyer will have in preparation for – and winning – the case at trial. Continue reading