1. Bail = any court appearance when you ask the judge to release you before trial. Typically called the Preliminary Hearing, the judge uses the standard of prima facie (at first glance) Objective- Consider what is the best option to ensure people show up for trial?

2. Financial Bond Options: 1.Fully secured bail- full amount is posted 2.Privately secured bail- usually 10% 3.Deposit bail- usually 10% 4.Unsecured bail- pays no money but is liable for full amount

3. Alternative Options: Release on Recognizance (ROR)- a promise to return Conditional Release- drug treatment, or staying away from the complaining witness, GPS device 3 rd Party Custody- someone else promises to assure court appearance Outstanding warrant? On probation/parole? Immigration issues? Use a weapon? Violent crime? = Bail usually denied

4. Fact Pattern: 1. Thomas Evans, age 18, got drunk at a party July 6 th. 2. Evans was clubbed over the head with a beer bottle by Oscar Hanks, and five stitches were required to close the wound. Hanks knifed Evans in the leg during a fight one month ago. 3. The next day Evan’s stated, “I’m going to get that guy once and for all.” 4. Evans asked a friend how to work a shotgun. 5. Evan’s girlfriend drove him to Hanks’ house. When his girlfriend saw Evan’s gun, the car subsequently swerved, and the gun went off killing Hanks’ neighbor from a distance of 10 feet. 6. Evans is employed as an assistant manager of an auto parts department. He was an average student in high school and was suspended once for fighting. 7. Evan’s dad died when he was 5, and he currently lives with his mom and younger cousin. He makes monthly contributions to the bills of the household.

5. Role-Play Judge- you may release accused with no bail, deny him bail and send him to prison until trial, or set bail between $10,000- $1,000,000 Defense attorney- do your best to get accused released on no bail or set at a low amount- make a suggestion Prosecuting attorney- do your best to get accused's bail denied or set very high- make a suggestion

6. West Philadelphia Man Charged with 3 rd Degree Murder, Manslaughter, Receiving Stolen Property Officer spotted the accused in a reported stolen vehicle. The driver took off and sped up to 100 mph. Driver lost control of vehicle and crashed into another vehicle, killing a Villanova student and critically injuring a passenger. Accused then ran off and was later arrested.

7. Prosecution Facts Suspended drivers license Palm print on steering wheel Fingerprint on rear window Cell phone in car with photo of accused Police identification of suspect while in vehicle 3 prior arrests Defense Facts Accused says he didn’t steal car and wasn’t the person in the picture on the phone Works at McDonald’s Cares for 4 year old son and elderly mother has baby on the way Family says he was at home sleeping during the incident 2/3 prior arrest cases withdrawn

8. Misc. Most defendants are not detained prior to trial (85% approx.) However, most yet to be convicted jail inmates have had bail set (80% approx.) and can’t afford it. In Philly there are 47,000 fugitives and 1.5 billion is owed the courts in forfeited bail!(1/20/2010- the Inquirer)