Legal Updates

Bail Considerations in Drug Cases

This blog has addressed bail factors to be considered in arguing bail and bail appeals.  There are specific considerations for drug cases.  Drug cases may be treated differently than other cases on the criminal dockets.  Drug crimes are non-violent offenses.  The District Attorney will be arguing the victim is society, and the harm is to the individual and the purchaser.  Nevertheless, a good lawyer may raise the following considerations in arguing for a lower bail on a drug case:

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.