Skip to main content

Posts

Showing posts with the label jail

Challenging a Drug-possession Charge

If a person is charged with possession of illegal drugs, their attorney may seek to challenge the prosecution on one or more grounds: refuting the stated facts, testimony, or evidence; zeroing in on procedural missteps; or pressuring the prosecution to provide all necessary evidence at trial. A defendant has the right to due process of law, including search-and-seizure protocol that is carried out properly. For example, if drugs were spotted "in plain view" in their car, they can be used as evidence. If a trunk was pried open without the defendant's consent, that's another matter altogether. A defendant can also claim they hadn't the foggiest idea that the drugs were in their residence or vehicle, and that the drugs must be someone else's. A skilled defense attorney can put the squeeze on the prosecution to prove "ownership". An attorney will force prosecutors to produce, in court, the actual drugs involved in the case. This isn't always a ...

Post Bail or Go to Jail

Bail is cash, a bond, or property that an arrested individual gives to the court to regain their freedom - at least until their trial - and to ensure that they show up for all scheduled court appearances. If they fail to do so, the court will keep the bail money and issue an arrest warrant. The bail amount is set by a judge. Factors taken into consideration include the seriousness of the crime, the accused's prior criminal record, their financial resources, and their likelihood of being a flight risk. In some states, a suspect may request a lowered bail at a special bail hearing or at their arraignment (first court appearance). If the accused has been charged with a particularly serious or violent crime, or the judge believes that they are a danger to the community, might flee to avoid trial, or will likely obstruct justice by tampering with witnesses or destroying evidence, bail may be denied. If a suspect violates the court's conditions of release (e.g., obeying all law...