LAW OFFICES OF PETER J. CYR

Bail and Detention Hearings

Our attorneys strive to secure the pretrial release of our clients with minimal expense and the least restrictive conditions possible.

Our attorneys are skilled at making convincing bail arguments based on the applicable law and our clients’ personal circumstances.

The purpose of bail is to reasonably ensure:

(1)   the appearance of the defendant in court;

(2)   that the defendant will refrain from any new criminal conduct;

(3)   the integrity of the judicial process; and

(4)   the safety of others in the community.

In setting bail, courts consider many factors, including the following:

(1)   the nature and circumstances of the crime charged;

(2)   the nature of the evidence against the defendant; and

(3)   the history and characteristics of the defendant, including, but not limited to:

(a)    the defendant's character and physical and mental condition;

(b)   the defendant's family ties in the State;

(c)    the defendant's employment history in the State;

(d)   the defendant's financial resources;

(e)    the defendant's length of residence in the community and the defendant's community ties;

(f)    the defendant's past conduct, including any history relating to drug or alcohol abuse;

(g)   the defendant's criminal history, if any;

(h)   the defendant's record concerning appearances at court proceedings;

(i)     whether, at the time of the current offense or arrest, the defendant was on probation, parole or other release;

(j)     any evidence that the defendant poses a danger to the safety of others in the community;

(k)   any evidence that the defendant has obstructed or attempted to obstruct justice by threatening, injuring or intimidating a victim or a prospective witness, juror, attorney for the State, judge, justice or other officer of the court; and

(l)     whether the defendant has previously violated conditions of release, probation or other court orders.