Q: is 250,000 dollar bond excessive for a possession of cocaine charge in michigan?
the public defender just keeps taking the refusal for bond reduction. has yet to provide any type of paperwork regarding the case period. he says its due to being a flight risk. however, i beg to differ.. if it was for that reason isnt the judge supposed to offer the least restrictive means for setting bond? He hasnt been offered any type of tether despite asking if this would help. the public defenders remedy for allowing this to continue for 25 days now was this statement "i will try to get it lowered to 30,000"
There is little "science" to setting bonds. In some jurisdictions, initial bond is based on a "pre-bond" report. Unless you can show something substantial that was not contemplated by that report, bond will likely continue as-is.
$250,000 is on the high end for a cocaine possession. But we don't know the other factors that a relevant to a bond determination: does he have a history of FTAs (failure to appear)? Is he a 4th time offender and facing an enhanced sentence? Does he have multiple addresses on file? Is he from outside the area?
There is no requirement that judges consider a least restrictive means. Tethers are not available everywhere, and where they are available, are often in high demand. Additionally, in all cases where I've seen people released on tether, it comes with a $300-$400 / month fee. Tether is a bond condition, and bond conditions are apart from bond amounts. In short, you would in almost all cases have a bond amount plus conditions such as a tether - it's not an either / or.
The attorney is not "taking the refusal". Generally, you cannot simply keep asking - and it rarely does any good - without some offer of proof to one of the factors governing bond.
If you're only 25 days into the case, it is likely the attorney has little more than a police report. For whatever reason, people sometimes are of the belief that the police and prosecutors have some big dossier of evidence going back several years. The reality is that the prosecutor also has little more than a police report in many cases at this early stage. Most cases are not some high-profile multi-year investigation where a task force was working day and night to get to an arrest. Cocaine possession is little more than a cop found an 8-ball somewhere, or someone made a controlled buy. It's not that deep so don't expect boxes of evidence.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.