A Bail Hearing is not a period of time to argue the merits of the case. Bail is an amount of money used by the court to ensure the defendant comes back to court when required to do so.
The 2 factors the judge considers before setting bail. Any bail argument by the defense attorney must address both parts:
1. Is the defendant a danger to the community?
2. What is the likelihood the defendant will flee?
In order to get bail reduced the defense attorney should do the following:
1. Demonstrate the defendant is not a danger to the community
2. Demonstrate the defendant presents no likelihood to flee. The defense
attorney can present this in various ways and must demonstrate the alleged
crime is not one that the defendant would do again:
-Stable employment history
-Memberships in religious or civic organizations
-Surrendering the defendant’s passport
-Agree to electronic monitoring
-Local family ties