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jamest, Private Investigator
Category: Criminal Law
Satisfied Customers: 372
Experience:  Investigator of criminal law cases, especially Florida law. Work with retailers, others, consultant
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my brother is still remained till his next court day which ...

Customer Question

my brother is still remained till his next court day which is Mar06 though his 730 examination have done and fit on feb25.any chance the same D.A. and judge will continu remaining him in the jail with his charge of intensionally damaged property $1550.if so,what is my next step it may bail him out.
Submitted: 8 years ago.
Category: Criminal Law
Expert:  jamest replied 8 years ago.
You could expect bail to be set at the next hearing. It revolves on many things, such as his prior record, the circumstances of the current offense, the courts assessment of his likelihood to flea, and the courts assessment of any danger he poses to the public. The charge is not so serious that I would expect no bail based on the charge alone, It may be a higher bail, but I think bail will be set unless of course there are other factors outside my knowledge which would lead the court to believe he will run, or that he poses a risk to the community.
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Customer: replied 8 years ago.
thank you.i felt much better now.but my question is if the same judge remained him again for any reson after that court date,what can i do to help him bail out quickly?(by the way,he won't run away since he has green card and owned business here.also d.a.made the deal:just 1 year condition with a violation and no criminal sentence after 1 year.but he is not going to plea guilty about this.he claim police catch wrong guy and he did nothing.does he really should take the deal?
Expert:  jamest replied 8 years ago.
Well, first to this issue of the judge. Many cases there is the same judge from the early stages all the way to the end, so that is not unusual. Initially when a person first goes before a judge on the question of bail, the judge has a lot to consider. If the judge releases someone on bail and the person does anything to hurt anyone the media swarms all over the judge as if he should have been psychic. Now that there has been a little time, even though it is the same judge, things may change. The judge can look at his conduct in jail, and before the court itself, more is known about the nature of the offense. t. So even though it is the same judge, there is a lot more information now to go on, so all is not lost, judges often reconsider bail, or even the amount of bail as the proceedings develop.
Be in court with him is the best way to help him, this way the judge knows he has a support structure and is not going out into the street. The court may even question you about the matter if it so chooses. By being there and showing your support, it also ties your brother to the state, people are more likely to run if they have nothing that ties them to an area, they can leave and they wont leave anything behind. In this case where a person has family and a business, it is much less likely they will run.

As far as the deal goes, has he hired an attorney or has the court made a finding of indigence yet? A finding of indigence means he court acknowledges the person can not afford to pay the cost to defend themselves against the charge, and usually appoints a public defender or in some cases the court will hire a private attorney to represent him. Either way has he spoken to an attorney about the deal yet? My advice on weather or not to take a deal depend on what the state can prove at the trial, what evidence do they have. Then compare that to the deal being offered. If there is a high degree of evidence, and the plea deal offers probation, little to no jail time, ect it may be something to consider. Even if the evidence is weak, if the deal is lenient, sometimes it is something to consider, as with our jury system, it's almost like going to a casino. You never really know if you will be getting a good jury or not. Some jurors base their views on things that really should not be considered, and they may just think someone simply looks guilty. If he wants to fight it I am not saying do not, what I am saying is to talk to his attorney about the deal as soon as he gets to see one. The attorney will be in position to know the deal, what the state can show and what he faces if he does not take the deal and is convicted, what type of sentence would the state be seeking. Without that information it's just guesswork and someone making a decisions about their freedom and life need more than guesswork. Once his attorney goes over that information with him, and he heard the opinion of his attorney, then he can make an informed choice based on information and local knowledge. I hope this helped to understand the process a bit more, and i wish you luck with his case. I and the other experts here are always here to answer any other questions you have.
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Customer: replied 8 years ago.
thank you so's very perfect answer.i guess it would help him more if you are his lawyer than someone else.(can you believe,i already hired 2 lawyer in this case.1 is pushing us to take the deal without find out what the evidence do they have.another one didn't call back yet since i paid him last week.
Expert:  jamest replied 8 years ago.
Thank you, XXXXX XXXXX it can be hard to find a good attorney. Have you tried calling the local bar? bar meaning the organization that regulates the legal practice. Many times they can get you in touch with an attorney who is knowledgeable in the area of law your case concerns, I think it's worth seeing if they can help, as opposed to finding the bad ones on your own. But i do wish you luck in your case, hopefully a reasonable bail will be set, and he will be home in a few days.

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