When facing an unexpected arrest, one of the first questions that often arises is, “Do I need a lawyer for my bail hearing?” In this article, we highlight key definitions, as well as when it can be critical to have legal representation at this early stage and when it may not make a significant difference.
Understanding Bail Hearings
A bail hearing is typically the first court appearance for someone who has been arrested and charged. During this hearing, the judge decides whether to set bail and, if so, at what amount. The primary considerations in setting bail are whether the person is a flight risk or a danger to the public.
In some cases, a public defender may represent the individual at this hearing, even if they don’t qualify for a public defender in later stages. The reality is that, sometimes, having a lawyer at this hearing won’t change the bail amount. However, in other cases, it can make a significant difference. Having a lawyer who understands the full background of the case and can present compelling reasons for a lower or even waived bail can lead to favorable outcomes.
Public Defenders vs. Private Lawyers
Public defenders are often stretched thin with heavy caseloads, making it challenging for them to dedicate the time they’d like to each client before a bail hearing. This isn’t due to a lack of care but rather a structural issue in the justice system. Conversely, private lawyers generally have more flexibility to invest time into each client’s case, especially when it comes to preparing for critical hearings like bail. While hiring a lawyer can be costly, it can also save thousands of dollars in bail if the lawyer can argue effectively for a reduced or no-bail outcome.
A Case Study: When Hiring Early Saved $6,000 in Bail Costs
Recently we represented a client who hired us before being charged. When he was eventually arrested, we were prepared to step in at the bail hearing. Initially, the prosecutor requested $150,000 in unconditional bail or $85,000 in conditional bail.
Knowing this client’s background and having attempted to be in communication with law enforcement, we were able to argue for a reduced bail based on several key points:
- Non-flight Risk: The client had lived in Minnesota his entire life and had no plans to leave. He had even proactively hired us as legal counsel before being charged.
- Non-threat to Public Safety: The alleged crime was not recent and was no longer ongoing, indicating that this client posed no immediate danger to the public.
- Failure of Communication from Law Enforcement: We had tried to be in contact with the detectives before the arrest, which didn’t happen as anticipated because law enforcement didn’t return our calls.
By highlighting these factors, we convinced the judge to lower the conditional bail from $85,000 to $25,000, saving the client $6,000 in bond fees that would not be recoverable. This swift reduction in bail also allowed the client to get out of jail sooner and keep his job.
When Should You Hire a Lawyer for a Bail Hearing?
Deciding whether to hire a lawyer for a bail hearing depends on the circumstances. Here are our recommendations:
- Assess the Potential Impact: If there’s a chance a lawyer can lower or eliminate bail, it could save both money and time.
- Seek Transparent Advice: Look for an attorney who is upfront about what they can realistically do for your case, rather than someone who promises results that might not be achievable.
- Trust Your Gut: Choose a lawyer who is committed to being honest and supportive from the start, as this early relationship can set the tone for the entire case.
For those dealing with an unexpected arrest, considering these points and consulting with a few attorneys can help you make the best choice for your unique situation.
If you have further questions, you can reach us at 612-339-5844 or arrestedmn.com.