1. Human Bias
While we have a presumption of innocence in the United States, we can’t ignore that humans also have bias—some conscious and some unconscious. When a person remains in custody for the duration of a case and only appears for court while dressed in a jail uniform, there is a great deal of research indicating the person seems “guiltier” based on their position. When a defendant can’t be productive (work, take care of family, etc.) and assist in their own defense, there might be an unbiased presumption by the prosecutor that the person is not a trustworthy or “good” member of society—hence, more likely to commit a crime. Most prosecutors are just trying to do the correct thing under the law but, by definition, we are not aware of our unconscious biases. In our opinion, it’s best to take this potential negative fact out of the equation. Post bail and be productive while your case is pending.
2. Proactive Approach
If you have an experienced defense attorney, it is highly likely the attorney will want you to take “proactive” steps while the case is pending. There may also be numerous discussion surrounding the details of the case. If the defendant is in custody, it makes it much more difficult to accomplish critical steps for a proper defense.
3. Better Guidance
A person who remains in-custody is much more likely to plea to a crime he or she did not commit or plea to a charge that is more serious and significant than the facts warrant because the plea will typically permit the person to be released immediately. This way, the prosecutor gets a conviction and the defendant gets immediate freedom. The problem is that the defendant is left with the potential for serious long-term consequences that could impact employment, access to education, housing, credit, security clearances, and professional licenses. Most disturbing, this sets up incentive to plead guilty to crimes a person did not commit. This is the most profound injustice because an innocent person must suffer the punishment and the guilty person is allowed to face no consequence. Take this “temptation” off the table by posting bail and getting your loved one out of jail prior to signing any plea deal. This gives them time and freedom to contemplate the best course of action.
If you or a loved one is facing a DUI or other criminal charge in Kitsap or Thurston counties or cities in those areas, we are here to help 7 days a week. If you are unsure about the bail process or how to reach a bail company for your Kitsap or Thurston case, feel free to reach out. 360-792-1000
We have successfully helped thousands of clients navigate the complexities of the justice system. The best thing you can do is get an experienced attorney on your side right away. The state has all of the resources, including all of law enforcement, to build a case against you. Do not assume “telling your story” will clear things up. Your words will be twisted and used against you. Let an experienced defense lawyer tell the story and determine what the state should know.