Criminal defense in Atlanta: Can rapper T.I. get a bond?
Criminal defense attorneys in Atlanta, like lawyers all around the United States, all know how important it is to try and get a bond for their clients, and get the defendant out of jail early in a criminal prosecution. The recent criminal prosecution of the rap artist T.I here in Atlanta on firearms charges is a great example of how the whole process works in a federal criminal case. My law partner Carl Lietz and I have handles hundreds, if not thousands, of such cases, and we recognize how incredibly important it is to our clients and their families to remain free while they fight against a federal criminal case. Not only do we realize how crucial this is, we also know from vast experience how to "work the system" during this early phase of a criminal case.
First, let's talk about the law. Something called the Bail Reform Act was enacted by Congress in 1984. Readers might remember from an earlier post that this was the same time that Congress enacted the unfortunate Sentencing Guidelines, and all in all, Congress made some very unwise choices when these laws were created. Anyway, under the Bail Reform Act, a prosecutor can try and hold a defendant in jail with no bail or bond whatsoever, something we call "detention." Before that can happen, there has to be a "detention hearing", which generally takes place in front of a Federal Magistrate Judge. The prosecutor can put off this detention hearing for up to three business days, which means that some of our clients are held over a weekend just because a prosecutor claims he or she will later win at the detention hearing.
Lawyers also need to do at least two other major tasks before the detention hearing. First, the attorney needs to understand and be ready to fight against whatever evidence or arguments that the prosecutor will put forward. This might mean getting defense witnesses, or making legal arguments. However, when fighting against the prosecutor at this early stage, it is usually an extremely bad idea to let the client say or do anything. The second thing a competent federal criminal defense attorney needs to do is to prepare a set of proposed release conditions to present to the Magistrate. The lawyer should let the Magistrate know very early that the defendant can post a bond in a certain amount, or that the client's family are willing to pledge real estate, or that upstanding community members are stepping forward and will co-sign any bond in the case. No two cases are alike, but the lawyer needs to be creative in coming up with conditions that the Magistrate might accept, and which the client and his or her family can fulfill.
Perhaps one of the most important things at this early stage of a case is to know the relevant players. As former federal public defenders, my law partner and I know most of the jailers, the clerks, virtually all the prosecutors, and perhaps most importantly, all the Magistrates. For example, the Magistrate that the Rap Artist T.I. will appear in front of is someone I know very well both professionally as well as socially. I cannot stress enough how important it is to have a lawyer who knows the people involved, as well as knowing the law. The Rap Artist T.I. has very accomplished attorneys who will do their very best to get their client out on bond. Getting the client out of jail is crucial at the early stages of a criminal case.
