My friend is being charged with armed robbery. He has went up for a bond reduction 3 times and they have all been denied. He has had good behavior and has not been in trouble like this before. one of his co-defendants bond is 3 times less than his i think only because she is a female.
Car / Auto Accident Lawyer
I'm sorry your friend is having trouble with getting her bond lowered. As for the discriminatory intent, that's a question for a civil rights expert to answer. She may have a 1983 Civil Rights claim. I am no expert as to that.
O.C.G.A. 17-6-1(e) lays out the basis for setting bond. Take a look there and you can see the factors the court is considering in not lowering the bond amount. Again, this may or may not be an 8th Amendment claim she could recover for.
I wish you both the best.
Answers to questions does not create an attorney/client relationship. I only am your attorney if I have entered into a written contract, signed by me, wherein I expressly assent to be your attorney. Nothing I post should be construed as legal advice to be acted upon, it is merely a legal opinion.
Without being intimately involved in your friend's case, no one on this site is going to e able to tell you why his bond is being denied. It could be from a variety of reasons. His prior arrests, the facts of the case, his ties to the community, the likelihood he will intimidate witnesses. Without knowing the entire case, it would be impossible to give a complete answer.
Criminal Defense Attorney
I'm shocked that he has a bail set on armed robbery at all. That's the sort of offense that often results in no bail being set. After refusing to reduce bail three times, it sounds like the judge's mind is made up. It may be time to focus energy on winning the case instead of getting bail.
↓ Mark this answer as "Helpful" or "Best Answer" if you like it. For more information, contact us at www.SteakleyLawFirm.com or (404) 835-7595. The initial consultation is always free for Avvo users.
Armed robbery is a serious offense that carries serious prison time. Often times people are denied bond in such cases.
Criminal Defense Attorney
The judge decides what amount of bond is sufficient to secure the defendant's attendance at trial. If one defendant is more of a flight risk in the judge's opinion, then that defendant would have a higher bond. Moreover, if the judge who sets the bond is also the judge that heard the preliminary hearing, he may believe that one defendant is more culpable than the others or has more exposure to higher sentencing than the others. Therefore, this alone may make them a greater risk to flee, which would result in a higher bond. Only the judge knows exactly the reasoning for setting the bonds the way that he did. However, these are pretty standard reasons.
DUI / DWI Attorney
The purpose of bond is twofold: To protect society and to ensure that the suspect will return to court. The judge is supposed to set bond for each individual by considering many different factors. These factors include the seriousness of the offense charged, the probability of conviction, the person's criminal history, the person's level of participation in the crime, the person's ties to the community (this is important in determining whether he will appear again if the judge lets him out), and other factors.
While it may seem that your friend's female co-defendant has received a lower bond because she is female, there may be other factors which you are not aware. A good attorney will be able to investigate and present favorable evidence for each factor when requesting that the bond be lowered. If his current attorney hasn't taken the time to address each and every element, perhaps this is why the bond motion is being denied. On the other hand, despite your friend's good behavior there might be something in his past which would affect either the publi safety or his chances of reappearing once the judge let him out.