Leading Federal Lawyer Michael Leonard explains the impact of a Defendant’s detention pending trial. In the vast majority of cases, defendants choose not to be detained pending trial. There are, of course, exceptions. Sometimes, a defendant may believe that he is guilty or that he is likely to be found guilty; or that the evidence pointing towards his guilt is insurmountable; or that he is likely to eventually plead guilty – and thus may make the calculated decision that it is best to begin serving or “eating his time” right away in jail purportedly pending trial (or the resolution of his case) and not pursuing a bail/bond motion.
However, in what I would say is the vast majority of other cases, defendants readily and eagerly seek release from custody pending trial, even in circumstances described above. There are many impacts upon a defendant who is forced to remain detained pending trial. Here are a few of them:
- Presumption of Innocence:
- Detaining a defendant before trial may conflict with the principle of “innocent until proven guilty.” It may result in individuals being deprived of their freedom and facing the punitive effects of incarceration before they are convicted of a crime.
- Legal and Economic Consequences:
- Pretrial detention can lead to serious legal and economic consequences for the defendant. It may affect their ability to maintain employment, support their families, and contribute to their legal defense. Detained individuals may also experience disruptions in their personal lives and relationships.
- Disparities in the Criminal Justice System:
- There are concerns about disparities in the application of pretrial detention, with certain groups, such as those with limited financial means, facing higher risks of being detained. This can contribute to inequalities in the criminal justice system.
- Pressure to Plead Guilty:
- Defendants in pretrial detention may feel pressure to plead guilty simply to secure their release, even if they maintain their innocence. This can compromise the fairness of the legal process and lead to outcomes that are not based on the merits of the case.
- Impact on Defense Preparation:
- Detained defendants may face challenges in assisting their defense attorneys, preparing evidence, and participating fully in their legal defense. This can impede the defendant’s ability to present a robust case in court.
Leonard Trial Lawyers’ attorneys are highly skilled and have a wealth of experience in aggressively and zealously pursuing pre-trial bond motions. When such motions are successful, among other things, defendants can be reunited with their families and friends; return to and not lose their employment; continue contributing to the economic and social needs of their families; and assist their attorneys in preparing for trial or the resolution of their cases.
Michael Leonard
Leonard Trial Lawyers
December 5, 2023