Burglary is unlawfully entering or remaining at an occupied or unoccupied “dwelling,” which could include a motor vehicle, with the intent to commit a felony therein. This offense, which is often related to domestic violence such as stalking, or the violation of a restraining order, is difficult to prove in court. But these elements and proof issues are not the focus of this post. Instead, this post focuses on jail release in these matters.
Prompt jail release in burglary matters is important precisely because the offense has so many moving parts. A Marietta criminal defense lawyer must have an opportunity to closely examine and investigate the legal implications of the offense, as well as the evidence available to the state. Jail release creates these opportunities. When defendants are behind bars, they quite understandably instruct their lawyers to take the first plea bargain offer, especially if that offer features probation and the possibility of jail release.
General Issues
In most cases, legal, political, and medical reasons support the need for immediate jail release in burglary cases. So, a Marietta criminal defense lawyer begins the jail release fight with three arrows in the quiver.
The Eighth Amendment guarantees reasonable bail in criminal cases. “Reasonable” is a lawyer word that means fair to both sides. So, an attorney advocate, not simply a bail bondsman, is critical during the process. Otherwise, the judge only hears the state’s version of what’s “reasonable.”
Bail does not punish the defendant, who has been convicted of nothing at this point. In fact, in most cases, the state hasn’t even formally charged the inmate with a crime. Instead, bail guarantees the suspect’s appearance at trial.
Typically, people charged with serious offenses are anxious to clear their names. This one fact points to a low bail amount, and we haven’t even addressed the other two.
Politically, Georgia has one of the highest numbers of unsentenced inmates in the country. Almost half og Cobb County Jail inmates are “languishing” there because they cannot afford to get out. Additionally, Georgia has one of the lowest per-capita prison budges in the United States. Conditions in jails are often substandard, to say the least.
Add those things up, and every inmate who’s in jail because s/he cannot make bail is a potential CNN documentary poster child. That’s especially true if the suspect has no prior criminal record, wasn’t violent, and has a nice-looking family at home.
Medically, confinement causes brain injuries. The jailhouse blues is a real condition. During confinement, stress hormones build up and poison the brain, causing personality changes and other issues.
Fast-Track Release
For the reasons outlined below, fast-track jail release is usually unavailable in burglary cases. If available, the fast-track options are usually limited, as follows:
- Pretrial Release: Cobb County officials rolled out OR (Own Recognizance) to deal with the aforementioned high unsentenced inmate percentage. Instead of paying cash or offering other security, if the suspect is facing nonviolent misdemeanor charges, the sheriff may open the jailhouse doors if the suspect promises to appear in court and answer charges, when and if the state files them.
- Cash Bail: The security deposit option is usually off the table as well. If suspects pay the entire bond amount in cash, if they meet all conditions of release, including appearing at trial, the county refunds most of that money. However, in a felony case, the cash bail amount is usually several thousand dollars. To most families, that amount might as well be several million dollars.
- Bail Bond: The most common and least expensive option is usually available. Most bonding companies charge about a 10 percent premium for a bail bind, which is essentially an insurance policy. The sheriff releases the suspect, and if s/he fails to meet all bail conditions, such as appearing at trial, the bonding company assumes the financial risk.
Fast-track release is often unavailable in burglary matters because, as mentioned, burglary usually involves multiple fouls on the same play. Police officers typically arrest burglary suspects for both the actual burglary and a predicate or related offense, such as violating a restraining order.
County sheriffs rarely set presumptive bail amounts in such matters. They let judges deal with the matters later. More on that below.
Additionally, burglary often involves a complaining witness. Police officers rarely catch burglary suspects red handed. Instead, a complaining witness, usually the property owner, calls police who launch an investigation.
A vocal complaining witness could effectively halt the jail release process, if s/he expresses fear of reprisal or another reason the suspect should remain under lock and key.
Incidentally, cases that rely on non-police witnesses, especially complaining witnesses who may have an ax to grind, are inherently weak cases in criminal court. Biased witnesses very rarely fabricate or exaggerate. But that’s happened before, and it will happen again.
Bond Reduction
Sheriffs unilaterally set fast-track amounts, usually based on the severity of the offense and the suspect’s criminal record. But the actual process is a mystery, because everything happens behind closed doors.
In contrast, at a subsequent bail reduction hearing, everything is public and on the record. Additionally, judges consider additional factors more relevant to the bail issues discussed above, such as the suspect’s ties to the community and flight risk.
Moreover, additional options are on the table during bail reduction hearings. Electronic monitoring house arrest is a good example. Frequently, if the suspect pays all associated monitoring and other costs, judges are open to this prospect. As we all know, any place can be a prison.
Frequently, a Marietta criminal defense lawyer modifies the conditions of bail at a bail reduction hearing, not just the amount or mode of jail release. Common modifications include location removal restrictions (e.g. allowing a person to travel outside the county, at least for designated purposes, such as work).
Jail release jumpstarts burglary defense. For a free consultation with an experienced Marietta criminal defense lawyer, contact The Phillips Law Firm, LLC. We routinely handle matters in Cobb County and nearby jurisdictions.
