1.) If the defendant charged with possession only or was there an actual delivery? is the amount involved questionable for possession with intent to deliver absent any other indicia or sale;
2.) What is the nature and quantity of the drugs involved, i.e., marijuana is viewed as less serious than cocaine: one gram is less serious than one pound, etc.
3.) Is the defendant an addicted user, or small street seller supporting his habit, as opposed to a seller for profit? May the defendant be eligible for drug treatment court or other rehabilitative options?
4.) Is the defendant currently receiving treatment for his/her addiction, i.e., does the defendant have a verified treatment program or is he/she amenable to such help?
5.) Is there an inpatient our outpatient facility available and ready to treat defendant if he is released on bail? This may be the most important factor in the consideration. Many judges are looking for addicted and small-time dealers to get off drugs and build productive lives. If there is an opportunity available to defendant, the judge may permit defendant release from incarceration.
For more information on bail considerations in criminal cases, contact the Law Office of Mark D. Copoulos. Our office can be reached at 267-535-9776.