Post bail or let son stay in jail until court date.
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Post bail or let son stay in jail until court date.
My son is in county jail for strong armed robbery. Using a public defender, should I let him stay in jail until court or does it look better if he is out on bail. Are public defenders a good choice?
Asked on June 24, 2009 under Criminal Law, New Jersey
Answers:
Martin Matlaga / Martin D. Matlaga, Esq., LLC
Answered 15 years ago | Contributor
Someone accused of a crime who remains in jail between his arraignment and the final outcome of
his case is more likely to receive a criminal conviction or jail sentence than someone who has been
free on bail. The correlation between the pretrial status (jail or bail) and the severity of the
sentence after conviction has been called "extraordinary," the individual in jail being two or three
times more likely to receive a prison sentence. Also, it's far easier for someone out of jail to help
his lawyer prepare the case. Insofar as public defenders are concerned, they are no different than
the lawyers in private law firms: some are very good, some are average and some are just
drawing a bi-weekly paycheck. One thing is certain: the average public defender knows more
about Criminal Law than the average private lawyer. By the way, your son is charged with strong-
arm or 2nd degree Robbery. This charge carries a maximum of ten (10) years in state prison. And
2nd degree Robbery comes under the "No Early Release Act" or "85% Rule." This means that the
defendant must serve 85% of whatever sentence he receives before he goes before the Parole
Board for the first time. (Get your son out on bail so he can help prepare his defense!)
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
Whether or not to post bail is a personal choice. If you feel that your son will be a flight risk (ie jump bail), then you would be doing yourself a favor by not posting bail. However, that choice is up to you. It won't look better one way or the other if he is in or out of jail.
As for getting a public defender, again your choice, assuming that your son qualifies (there are income requirements). Just know that they are swamped and may not be able to give your son's case all the attention that is needed. If possible, you should consider retaining a private attorney to represent him.
No easy choices here. Best of luck.
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