Which came first, the chicken or the egg? The age-old question to life. A close second has to be, “Should I pay the bond or hire a lawyer first?” 😊Honestly, it’s a question we get quite often at our office. At first blush, your first reaction might be to say bond should be paid first, obviously. After all, getting a loved one out of jail quickly is a priority, right? Not necessarily. Below is a short list but is by no means all encompassing.
Why might hiring a lawyer first make sense?
Potential to Save Money:
First and foremost, lawyers can typically get bond amounts lowered or altered after requesting the court to reconsider the bond amount. While not always possible, in a lot of cases courts are willing to alter bonds — especially if a reputable attorney enters their appearance. The ability to save money is especially true on higher level offenses with higher bond requirements. For example, if a judge sets a bond at $75,000 surety, a loved one will have to post $7,500 to a bondsman. That’s $7,500 lit on fire for all practical purposes. If you rush to pay that bond, you’ll never see that money again.
Conversely, for example, if you hire a lawyer first, an experienced lawyer may be able to lower the bond to say $50,000 surety or convert the bond to a cash bond rather than a surety. In that scenario, the lawyer would be automatically saving the family $2,500 out of the gate ($75,000 x 10% = $7,500 vs $50,000 x 10% = $5,000 — $2,500 savings). In that scenario, you’d be burning $2,500 less money — that’s not insignificant. Or, even better, if the lawyer can convert the bond to a cash bond or a 10% cash bond instead, every dollar spent on bond is usable down the road for fines, fees, legal costs, or is fully returnable. In that scenario, the lawyer may pay for themselves just in altering the bond out of the gate.
Pre-Trial Maneuvering:
A lawyer is often money well spent on the front end of the case. If there are clear evidentiary issues or witness cooperation problems, a lawyer may be able to make quick work of case and get charges dismissed or reduced drastically. In that scenario, rather than shelling out a bunch of money first to just get released on bond, a lawyer may be able to save the family money by getting charges dismissed quickly without the need for bond. While this may be a long shot, there are scenarios where this makes sense.
Private vs. Public Defenders:
Sadly, and all too often, families are struggling with finances when they call our office. And while it shouldn’t have to be a consideration, sometimes the family only has money enough to retain private counsel or to pay the bond — not both. In that scenario, posting bond right away may result in the defendant having to move forward with a public defender they cannot choose and may not be happy with. While there are certainly public defenders that equal if not exceed private counsel’s ability in some scenarios, it can be a bit of a rolling of the dice with the lawyer you get assigned to you and the outcome ultimately received and fought for. With a private attorney, you are paying someone to push as hard as possible, and they have skin in the game. In those scenarios, private counsel may be the better of two options. We at Banks & Brower give the best advice regardless of the financial scenario on the other end of the line, but finances are always something to consider.
Risk of Wasting Money:
Sadly, paying bond in some cases may not make sense because the eventual outcome of the case may result in a long period of incarceration for a loved one. While having a defendant out of custody in order to help prep his or her defense might make sense, every scenario is different. If a defendant is facing decades in prison and the evidence seems likely to lead to a long period of incarceration, credit time earned while remaining in custody may make the most sense while spending what would have been bond money on experienced private counsel is way more crucial. Obviously, this is a decision that should be born out by speaking with counsel and exploring the options first.
Forced Sobriety:
Many parents use the incarceration of their loved one as a chance to force sobriety. This isn’t meant to be flippant, but sometimes leaving someone incarcerated is the safest thing for them in the short term. In so doing, the private attorney hired may be able to help arrange for treatment or other mitigation tactics while the defendant is temporarily housed and supervised. Once again, obviously, this is a case-by-case basis and sometimes incarceration is the last thing someone needs. This is, again, a good conversation to have with the attorney of your choice.
In conclusion, every situation is different. For example, lower-level offenses with lower bond requirements, times where safety of the defendant is at stake, or situations where time is of the essence, bonding someone quickly might make total sense. In fact, that may be the majority of bonding scenarios. However, as is laid out above, there are many times that hiring counsel first is the best option. These aren’t always easy decisions and our loved ones incarcerated may not agree with hiring counsel first, but families should consider all of these issues above (and more) and should discuss them openly with private counsel before deciding.
Most experienced and reputable criminal defense attorneys will give the best legal advice without prejudice towards making money. Give the experienced criminal defense attorneys at Banks & Brower a call today. We are available 24/7/365 at 317-870-0019 or info@banksbrower.com.