One of the most important functions a criminal defense attorney can perform for their clients is securing their freedom pending resolution of the criminal charges they face. In Iowa, that release is usually done through the bail bond procedure or through facilitating pretrial release with the Department of Corrections.
The United States and Iowa State Constitutions both prohibit excessive bail in "bailable offenses". Generally all offenses are bailable, up to a certain point in the proceedings. Iowa Code §811.1(1) lists the offenses that are not bailable upon judgment of conviction (awaiting sentencing). They are mostly the same offenses that are considered forcible felonies (sex abuse, felonious assault, kidnapping, robbery, first degree arson, first degree burglary) but there are some other offenses listed, particularly drug offenses. If you are convicted or sentenced on a class B felony Methamphetamine case you will not be permitted bail. Generally, the rule of thumb is that if a prison sentence is mandatory under the Code, then forget about bail once you've been found guilty or enter a plea.
Now, a lot of time I hear judges or prosecutors talk about a defendant not deserving anything other than "standard" bail. This is somewhat of a pet peeve of mine, because there is no "standard" bail. What those people are referring to is Iowa Code §804.21(5) which gives the judicial council the power to set a bond schedule that will be used in non-forcible felony cases where the Court is not in session. In some counties (Polk for one), that schedule has morphed into the so called "standard bond". The amount of bond required is determined by the seriousness of the offense:
- Simple Misdemeanor: $300
- Serious Misdemeanor: $1.000
- Aggravated Misdemeanor: $2,000
- Class D felony: $5,000
- Class C felony: $10,000
- Class B felony: $25,000
- Violation of 124.401(1)(c): $50,000
- Violation of 124.401(1)(a) or(b): $100,000
In general the so called "standard bond" is reasonable enough that most defendant's can pay a bondsman to get out. The people that get outright hosed is the defendants facing felony drug charges. In those cases the bond will almost never be able to be posted by the average defendant. In any case where bond just isn't happening, so you have to move on to the next step...contacting pretrial release and putting in an application for a bond review.
The Iowa Department Corrections handles pretrial release services in Iowa's various judicial districts. These services are used more frequently in the more populated counties like Polk, where there are significant numbers of cases filed and people in jail wanting out.If you are released through a pretrial release bond, they have for all intents and purposes, posted your bond for you, even though no money changes hand. The pretrial release officer will take an order to the Judge and once it is signed, you are released to their supervision. Pretrial Release has various levels of supervision, from the basic all the way up to intense supervision. The conditions of your release will depend on the charges you are facing and the facts and circumstances unique to your situation. If drugs or alcohol crimes are involved you will be required to attend some level of substance abuse treatment, there will be regular meetings you have to attend with your supervising officer, and you will have to have urinalysis screens for drugs. It is always important to look into the defendant's substance abuse issues before delving too deeply into other pretrial release issues. If the defendant has already been evaluated and there is a recommendation for inpatient drug treatment, you realistically won't be getting the defendant out on any kind of release until you can get that treatment accomplished. That sometimes requires separate proceedings than a bond review.
There are various things that will disqualify you from a pretrial release bond. Some examples are, coming back to jail while you have pending charges or previously violating pretrial release bonds in another case. If those circumstances exist, the defense lawyer can sometimes work with pretrial release directly to address those concerns. Many people will qualify for a pretrial release bond, but it takes time to interview the defendant, verify information, and come to a decision. If you can be patient during the process it has the potential to save you thousands of dollars.
If you can't post a bond, and pretrial release isn't an option, you will have to file an application for bond review with the Court. At the hearing, the judge will listen to evidence from both sides about what the bond should be. The State will usually try to keep the bond as high as possible because they know that a defendant that is looking at sitting in jail several months awaiting trial is much more likely to listen to plea offers, especially where they will be offered probation. The prosecutor will usually focus on the defendant's criminal history, or if there is little or none of that, the seriousness of the allegations (more serious charges increase likelihood of flight). The defense lawyers will usually focus on family connections, ties to the community, work history, need to help prepare a defense, need to receive services such as substance abuse or mental health treatment, and where available, the lack of criminal history. The judge's ruling can be appealed, but it is on an abuse of discretion standard, so if you lose, just deal with it by attempting to address the Court's concerns and then file another hearing.
If you are able to secure your client's release you will have a client that is (1) eternally grateful, (2) better able to help you prepare for trial. I will try to run through the basics of pretrial release and detention in Federal Court another time.
