Criminal Defendants on Trial: In Jail or Out on Bond
Posted: Saturday, January 24, 2009
by Ira Still, Esq.
Law Offices of Ira Still
Trying to understand and cope with the entire process leading up to your jury trial can be more than overwhelming at times. The information presented here can help you deal with the inevitable stress of the Justice System. The goal of the author is to share his vast experience to help you overcome your fears.
You have a constitutional right to silence in the 5 th Amendment to the U.S. Constitution. Never give a written or verbal statement to the police. Their job is to get you talking. If you volunteer to speak to anyone, you waive your right to silence and what you say to them will be admitted into evidence in front of the jury at trial.
Let me tell you a story about Andrew who lost his case because of jail inmates who sought to perform substantial assistance just to benefit themselves. Andrew was arrested for premeditated murder. While in the county jail, two inmates tried to get him talking about his case after they saw the story on the local T.V and read articles in the newspaper. Unfortunately, Andrew discussed his case with them. Of course, the inmates contacted the State Attorneys Office. They gave recorded statements that appeared to reflect Andrews confession to the murder.
At Andrews trial, one inmate testified that Andrew told him that he had broken into a friends apartment looking for money and drugs. When she woke up and discovered Andrew there, she began screaming and went for the phone to call the police. Andrew sought to stop her by force. This testimony was the basis of the States argument that Andrew had killed the victim in order to avoid arrest. This aggravated the sentence to the death penalty. Andrew has been on Death-Row for 18 years. The jail inmate had his own sentence reduced from 10 years prison to probation because of his substantial assistance in helping to convict Andrew. [The facts of this case were adapted from a real death penalty case that the author has been litigating for 11 years on the capital collateral appeals. The author did not represent Andrew at trial or on his direct appeal.]
Your discussions over the jail phone can be overheard by the other inmates. Be careful not to talk to your family or friends about the facts of your case. The State is going to reward the other inmates for what they hear you say. In addition, you do not want to make your family and friends witnesses against you.
While out on bond, make sure you dont get into any further trouble with the law while your case is pending. If you have driver license problems correct them or dont drive. Read and follow the terms of the bond (no alcohol or firearms, etc.). Be on time and dont miss any Court hearings or you could be arrested. If you get arrested on another charge, the State will revoke your bond and hold you in jail until your trial is completed.
Whether you are in jail or out on bond, the day of your jury trial is approaching so, hire an experienced criminal defense lawyer and let him investigate the facts and evidence and prepare your Defense.
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Top-level comments on this article: (1 total)Ira,Interesting article. I was a little stymied at seeing this article; but, it would probably be an idea for everyone to print this out and pray they never need it!Thanks for your adviceNancy,I can tell you will never need this advice but you might know someone who may. I have several articles planned focusing on different parts of the process from arrest through trial.You would astounded at how many innocent people are arrested for things they didn't do. Many have to go all the way through trial before they clear their name.Thank you for taking the time to write. Have a wonderful week.Ira
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