Lawyer Fighting Bail Denials for Drug Crime Violations in Massachusetts and Rhode Island
Client is arrested in the Park Holm area of Newport, Rhode Island, and charged with possession with intent to deliver cocaine- a felony. If convicted, client could face up to 30 years in jail; up to $100,000 in fines; and a subsequent probationary term. Since the State objected to bail, client is initially held without bail by the court. Client then decides to hire Noah Kilroy for representation.
In Rhode Island, when arrested for specific crimes, there is a presumption against bail. In other words, bail is not guaranteed for certain offenses. The Rhode Island Constitution provides in pertinent part, that:
“All persons imprisoned ought to be bailed by sufficient surety, unless for offenses punishable by imprisonment for life, or for offenses involving the use or threat of use of a dangerous weapon by one already convicted of such offense or already convicted of an offense punishable by imprisonment for life, or for offenses involving the unlawful sale, distribution, manufacture, delivery, or possession with intent to manufacture, sell, distribute or deliver any controlled substance or by possession of a controlled substance punishable by imprisonment for ten (10) years or more, when the proof of guilt is evident or the presumption great. Nothing in this section shall be construed to confer a right to bail, pending appeal of a conviction. The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion, the public safety shall require it; nor ever without the authority of the general assembly.”
After conducting discovery, Attorney Kilroy learns that the drugs client was charged with were not found on his person. Additionally, Attorney Kilroy makes the argument to the State that any constructive possession argument would likely come down to a question of credibility for the jury, since the drugs were found on another person, other than client. Being that there is a presumption against bail in these types of cases, Attorney Kilroy asks for a bail hearing. Attorney Kilroy is able to secure bail for client in the amount of $30,000 with surety or $3,000 cash.
Do You Know Someone Denied Bail For A Drug Charge?
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