Have you been arrested and detained for a crime? The first thing you are likely to think of is posting bail to secure your freedom. Bail is the amount of money or property you, as a defendant, deposits with the court to secure release from detention pending the criminal trial. If it’s your first time facing criminal charges, you might wonder how bail relates to your criminal trial. Discussed below is the relationship between the two.
Bail or Pretrial Release Lowers the Chances of Pleading Guilty in a Criminal Trial
Being released on bail may affect your case's outcome as it reduces your chances of pleading guilty to a crime to increase the chances of an early release. Many people who cannot raise the bail amount because of poverty or courts denying them bail end up staying in prison for weeks, months, and sometimes years, whereas they haven’t been proven guilty. The need to conclude the case fast and secure freedom or the uncertainty of the time of detention, especially for first-time offenders, might push them to plead guilty even when innocent, to reduce their stay in prison.
However, if you secure a pretrial release, you will be in no hurry to conclude the case because you are already enjoying your freedom. You will be patient with the court process even if the case delays for years. Therefore, the probability of pleading guilty when you are already free is less. Instead, you will work with your criminal attorney to ensure the case's outcome is in your favor and to avoid setting foot in jail or prison.
Bail Increases Case Preparedness
Securing a release on bail pending completion of a criminal trial increases your ability to prepare a defense adequately. When not in custody, you can afford an experienced criminal attorney because you will still be working. Additionally, you will have adequate time to spend with the attorney and discuss the case in detail. Sometimes you can even visit the scene of the crime with experts to find weaknesses in the prosecution’s evidence. With enough time and resources to build a concrete defense, the chances of getting a favorable outcome upon the conclusion of the criminal trial are high.
It’s often problematic for someone in detention awaiting the criminal trial to prepare for the case adequately. First, while behind bars, you won’t be working, which means you will have limited resources to hire the best attorney in the market. You are likely to opt for a public defender handling many cases at a go, meaning they won’t have enough time to prepare for the case adequately.
If you are lucky to have a private attorney, the time they are allowed to visit you in prison is limited. You might not have the time to go through every detail of the case or even see the crime scene to draw a vivid picture of the events that led to the charges. For this reason, you may not prepare adequately for this case, and this may increase the possibility of an unfavorable outcome.
Bail Increases the Probability of a Favorable Plea Deal
The time a person is detained awaiting trial carries a lot of meaning in the criminal justice system, which is usually a disadvantage to the defendant. If you are in confinement, the prosecutor understands that you have less leverage, and they are likely to offer you an unfavorable plea bargain.
Suppose you secure release on bail. The prosecutor will have less leverage on you because you are already enjoying your freedom and the services of a profound criminal attorney. You will have more influence than the defendant in detention. This gives you higher bargaining power. In case they agree to offer you a plea deal, yours will be more favorable.
Further, being granted bail shows that the prosecuting team doesn’t have watertight evidence against you. It gives you and your attorney confidence that you have a strong defense, meaning the prosecutor cannot pressure you into accepting a harsh plea deal. If anything, they are afraid of losing the case in a criminal trial. Thus they are likely to offer the best plea bargain to get a conviction.
A Release on Bail Lowers the Chances of a Conviction or Harsh Sentence
Looking beyond pretrial outcomes, if you the court denies you bail in the first arraignment, chances of a conviction are incredibly high. Remember, in the bail hearing, the prosecutor must explain why the judge should deny you bail. If they are convincing and the evidence against you is strong, the judge will deny bail. The decision to deny you bail might be reflected in the criminal trial's final decision to end up with a conviction.
Besides, most persons denied bail release end up facing severe sentences because of the degree of their crimes and the concrete evidence by the prosecuting team. So, if you have been denied bail, chances of ending up with a sentence and a strict one are high. The judges and the prosecutor might rely on your pretrial detention status in itself as an expressive decision-making tool or acknowledgment of guilt. Being granted or denied bail can influence the judges, jurors, or prosecutor’s decision about your guilt and liability.
Similarly, when you are denied bail and attend your trial from detention, going to court in jail uniform and shackles may bias the court actors’ decisions. The chances of being convicted even with a harsher sentence are high compared to those of a person who attends court hearing smartly dressed and accompanied by family members and friends. After securing release, the person answering the case will have the advantage of having the issue decided on merit with zero biasness.
Find a Bail Bonds Agent Near Me
Considering the information provided above on how bail is related to your criminal trial, you will realize that completing your trial out of detention has more benefits than the person who completes the case while in custody. For this reason, if you are in Las Vegas, NV, and the court has granted you a pretrial release on bail, but you can’t raise the amount, reach out to Express Bail Bonds today by calling 702-633-2245 so that we can deposit bail on your behalf.
We understand that many people are detained awaiting trial because of the lack of funds, which usually adversely affects the outcome. For this reason, we are available to secure your freedom on bail and allow you to prepare adequately for the trial. By doing so, you can have a strong defense and avoid pleading guilty because you are unsure of the time you will spend in detention.
