Violent crimesIf you have been arrested and the charge against you entails serious violence, the judge will want to protect the community and victims. The easiest way is to detain you, either through a statute allowing preventive detention for risk to the community, or by setting a high bail that you cannot make. Your criminal defense attorney might suggest bail conditions that, under appropriate circumstances, will address the judge’s concerns. Some of the conditions your attorney might suggest are:
- Home detention with a monitoring device.
- A curfew.
- A prohibition against contacting witnesses and victims.
Drug offensesIn a drug trafficking case, agreement to a high monetary bail may backfire, especially if you do not have a high-paying legitimate job. If you cannot show a legal source for your funds, your wealth almost proves the charge, and the prosecutor may seek a source hearing. (For source hearings, read the article Presentation at the hearing.) Other types of bail are usually better approaches in a drug trafficking case. For example, your criminal defense attorney may propose that you post real property, or may bring forward a number of suretors who are willing to stake their own financial well-being on you. Your attorney may also suggest non-monetary conditions of release if necessary, such as:
- Frequent in-person reporting to the pre-trial services agency.
- GPS monitoring.
- Home confinement.