Why was Karmelo’s Anthony Bail Reduced? What determines bail in Texas, Pennsylvania, and New Jersey?
Our criminal defense law firm represents people charged with a variety of crimes and offenses in New Jersey and Pennsylvania. Bail is often a major issue in criminal cases and obviously very important to a person charged with the crime and his or her family.
If a person can’t post bail, he or she will have to remain in custody until the case goes to trial is dismissed with a pre-trial motion. It can take a long time for a case to go to trial. Bail allows a person to remain out of custody.
Recently a judge in Frisco, Texas reduced Karmelo Anthony bail from one million dollars to $250,000. Anthony is the Texas teenager charged with the stabbing death of another teen, an unarmed Austin Metcalf, in Frisco, Texas during a track a meet. This case provides a good opportunity to explain bail factors in Texas, Pennsylvania and New Jersey and what determines bail in these cases
Texas, like Pennsylvania and New Jersey, use similar factors for bail. Prior to setting bail, the bail authority (usually a judge or bail commissioner will listen to arguments from the defense and prosecution based on the following factors:
- The nature of the offense and any mitigation or aggravation regarding it
- The defendant’s employment history and financial condition
- The defendant’s family relationships (i.e. children)
- The length and nature of the defendant’s residence in the community and past residence
- The defendant’s age, reputation, and mental condition
- The defendant’s history regarding his or her failure to appear in the past
- The defendant’s prior criminal history
- Any other factors the court may find relevant in this analysis
The judge who released Anthony on bond took into consideration his age, his clean record, and whether he was a flight risk. In this case, Anthony’s father testified that his son has never been in trouble and he does not have a passport. Anthony’s bond was ultimately reduced to $250,000 but will remain on an electronic monitor. This remains highly controversial decision as Anthony, if convicted, faces a possible life sentence. This teen is facing a first-degree murder charge and is being prosecuted under Texas’ “concurrent jurisdiction” laws which allows prosecutors to charge minors as adults without judicial oversight.
He will remain on house arrest and will be permitted to leave only for court approved reasons such as visiting his lawyer, court appearances and medical appointments.
Who is entitled to bail?
With exception to those charged with capital offense (i.e. Murder) or those facing life sentence, everyone charged with a crime entitled to bail. While Anthony necessarily is entitled to bail, it was set in this case. This right is guaranteed by the 8th Amendment to the United States Constitution.
Bail is cash or the cash equivalent used as security to ensure that a person who is released pending trial will appear at all future court proceedings and also comply with any other conditions the court may impose.
What is the purpose of bail?
Some people believe that bail is meant to punish someone but it’s not. Remember that everyone is innocent until proven guilty! The fact that Anthony’s bail was reduced, doesn’t mean the prosecution has a weak case!
The primary purpose of bail is to secure a person’s presence at trial and to protect society from an alleged dangerous individual. The United States Constitution prohibit a state or the federal government from imposing an excessive amount of bail.
New Jersey is Different than Pennsylvania and Texas
Pennsylvania, Texas and New Jersey have very different rules when it comes to pre-trial release and bail. Unlike the Pennsylvania and Texas, New Jersey maintains a mostly cashless bail system under its bail reform. In New Jersey, the rules allow for pre-trial release by non-monetary means to reasonably ensure an eligible defendants appearance in court.
There are 4 types of pre-trial statuses available in New Jersey:
- Release on own recognizance (unsecured bail)
- Release with non-monetary conditions
- Release on monetary bail with a combination of non-monetary conditions
- Detainment pending a pre-trial detention hearing
What happens at a New Jersey detention hearing?
At a detention hearing a prosecutor must produce all statements or reports in possession related to the pre-trial detention application. The burden is on the State to show by clear and convincing evidence that no conditions can ensure public safety, or the defendant’s court appearance.
A defendant has the right to be represented by qualified criminal defense lawyer and if the defendant has not been indicted, the prosecutor must establish probable cause that the eligible defendant committed the predicate offense by preponderant standard. This is very similar to the preliminary hearing process in Pennsylvania but there are typically no witnesses called during probable cause hearings in New Jersey
Bail is important! Hire a qualified criminal defense lawyer!
Your criminal defense lawyer should argue these points at your initial bail hearing and every subsequent bail petition hearing if it remains an issue.
For more information on criminal defense, check out my free resource section!
