Category Archives: Bond Reduction

Mississippi criminal defense lawyer discusses issues relating to bond reduction after being arrested in Mississippi.

Mississippi Criminal Defense Lawyer: Aggravated Assault Charges Dismissed

We are pleased to announce that aggravated assault charges have been dismissed against one of our clients.  The charges were pending in Madison County, Mississippi.

Our client, DV, was charged with aggravated assault in Madison County, which occurred in Ridgeland, Mississippi.  She was accused of stabbing the alleged victim.  DV hired me as her lawyer immediately after she was arrested.

Bond was initially set so high that DV could not get out of jail.  The first order of business was to get a bond reduction.  Within one (1) week of hiring me, I got her bond reduced by 80%, and she bonded out of jail and went home to her family.

As soon as DV made bail, we went to work on the defense investigation of the case.  DV said she acted in self-defense.  We located a witness who saw everything that happened.  This witness was never interviewed by the police.  We convinced the witness to give us a recorded statement.  The statement backed up DV’s claim of self-defense.

As a lawyer who handles aggravated assault cases in Mississippi, I knew that self-defense would be a defense to this charge, so we next began to look into the character and background of the victim.  Our investigation revealed that the victim had criminal convictions for false pretenses in Hinds County, and was currently on probation.  We also discovered that the victim had an active warrant for her arrest.  This information was very relevant to the victim’s credibility as a witness.  This information was disclosed to the prosecutor as required by Mississippi criminal discovery rules.

Trial was set to begin on Tuesday of last week.  The day before trial, the prosecutor notified me that the State had agreed to dismiss the aggravated assault charges against DV.  This was certainly the best result possible, and the prosecutor should be commended for disposing of this case prior to trial.  

As a criminal defense attorney, the most rewarding part of my job is to call a client and tell them that criminal charges have been dismissed.  It was even more rewarding in this case because there was never a doubt in my mind that the client was innocent of these charges.  I also had no doubt that the “victim” would have killed the client had she not defended herself.  It was a clear case of self-defense under Mississippi aggravated assault law, and it was our privilege to protect DV and keep her out of prison.  And now that the charges have been dismissed, we can even get the charge expunged from her record.

This aggravated assault case shows some things you need to know if you are charged with assault in Mississippi:

(1) Just because you get arrested, charged or indicted for assault, it does not always mean you will be convicted;

(2) If you get charged with assault in Mississippi and think it was self-defense, it probably was;

(3) If you are charged with assault in Mississippi you need a criminal lawyer who handles assault cases–and has the knowledge and experience to protect your rights and keep you out of prison;

(4) If you get charged with assault in Mississippi, you need a lawyer who knows how to investigate and prepare assault cases before trial.  Do not assume that the police have interviewed all the witnesses or found all the facts and evidence in your case.  This is the job of a criminal defense lawyer, and can be the difference between going home, or going to prison.

I’m a Mississippi criminal defense lawyer who handles assault cases.  If you have been charged with assault in Mississippi, please contact me at 601.944.1984 to discuss your case.  While I can’t guarantee the same result we got for DV, you can rest assured that we will do everything under the sun, leaving no rock unturned, to get your assault charges dismissed.

Curt Crowley is a Mississippi criminal defense lawyer and is based in Jackson, Mississippi.  He handles assault and other criminal cases in Madison County, Ridgeland, Canton, Madison, Flora and throughout the State of Mississippi.

Jackson, Mississippi Criminal Defense Lawyer Explains Bond Reductions

As a Mississippi criminal defense lawyer, I am often called upon to seek bond reductions for persons who are being held in jail and unable to make bond.  Bond is usually set immediately after an arrest in Mississippi.  Unfortunately, in many cases this bond is too high. 

The right to a reasonable bond (sometimes referred to as bail), is secured by the Eighth Amendment to the United States Constitution.  The right to reasonable bail is also guaranteed by the Mississippi Constitution. See Miss. Const., Art. 3, §29.  The Mississippi Supreme Court has held that the purpose of bail is to secure the Defendant’s presence at trial. Lee v. Lawson, 375 So.2d 1019, 1021 (Miss. 1979). “The justifiable premise for bail is that its denial punishes the accused prior to a guilty verdict while he is clothed with the presumption of innocence.” Id. citing Ex Parte Dennis, 334 So.2d 369, 371 (Miss. 1976).

In Dennis, the Mississippi Supreme Court set forth several factors for the Court to consider when setting bail.  Those factors include:

(1) the seriousness of the crime charged against the defendant,

(2) the extent of the punishment prescribed by the legislature,

(3) the defendant’s criminal record if any and previous record on bail if any,

(4) his reputation and mental condition,

(5) the length of his residence in the community,

(6) his family ties and relationships,

(7) his employment status, record of employment and his financial condition,

(8) the identity of responsible members of the community who would vouch for defendant’s reliability and

(9) any other factors indicating defendant’s mode of life, or ties to the community bearing on the risk of failure to appear.

When we have a client that is unable to make the bond that was initially set by the Court, we file a motion to reduce bond.  This motion will set out the facts of the case, as well as an analysis of the factors stated above.  More often than not, after this motion is filed, the prosecutor will agree to reduce bond to an acceptable amount.  If the prosecutor will not agree, we set the motion for a hearing.  At the hearing, we call witnesses to establish that the bond should be lowered.  These witnesses typically include family, employers and clergy.  The purpose of calling these witnesses is to establish that our client has a good reputation in the community, is responsible, and not likely to flee if he makes bond.

There is no reason why a person accused of a crime should sit in jail in pretrial detention because his bond is too high.  Having a competent, aggressive Mississippi criminal defense lawyer is critical to getting bond lowered to a reasonable amount.  If you have questions relating to bond reductions, please contact me.  You may also visit my Jackson, Mississippi criminal defense website for more information.

Jackson, Mississippi Criminal Defense Lawyer Discusses White Collar Crime and the Arrest of Raj Rajaratnam Arrested

Mississippi Criminal Defense Lawyer Curt Crowley

One of America’s richest men, Raj Rajaratnam, has been arrested and charged with numerous white collar crimes.  The charges center around an alleged insider trading conspiracy.

The ring is alleged to have generated $25 million in illegal profits for Rajaratnam.  After doing the obligatory “perp walk,” the government took Rajaratnam before U.S. Magistrate Judge Douglas F. Eaton for an initial appearance.  Judge Eaton also took up the issue of bail.  The Government sought pretrial detention without bail, claiming that Rajaratnam was a flight risk.  The judge didn’t buy the Government’s argument.  Bail was set at $100 million dollars (secured by $20 million in collateral).

The criminal complaint alleges four counts of conspiracy and nine counts of insider trading.  The criminal complaint is quite a read.  It quotes heavily from conversations among the defendants, which were obtained by wiretap.  You can read the criminal complaint here.

From Enron and WorldCom to Galleon, white collar crime is a major focus of both state and federal law enforcement.  White collar crime includes such offenses as:

  1. Bribery
  2. Extortion (blackmail)
  3. Counterfeiting
  4. Theft of trade secrets
  5. Embezzlement
  6. Money Laundering
  7. Honest Services Fraud
  8. Racketeering and RICO
  9. Securities Fraud/Insider Trading
  10. Bank Fraud
  11. Mail Fraud
  12. Wire Fraud
  13. Computer Fraud
  14. Credit Card Fraud
  15. Check Kiting
  16. Forgery
  17. Home Repair Fraud
  18. Healthcare Fraud
  19. Medicaid Fraud
  20. Medicare Fraud
  21. Welfare Fraud
  22. Food Stamp Fraud
  23. Insurance Fraud
  24. Investment Fraud
  25. Telemarketing Fraud

In recent years, these crimes have become more publicized and notorious.  In the current economic climate, some events that would have previously resulted in a civil lawsuit (at best), are now being prosecuted as crimes.  The sentences handed down for white collar crimes have become draconian, and frequently exceed sentences given to violent criminals.

Many of these cases are complex and involve tens of thousands of documents.  Defending these cases requires an intensive defense investigation.  The Government has often investigated these cases for years before an arrest is made.  The defense investigation must be swift and meticulous.  The sooner the accused hires an aggressive criminal defense attorney, the sooner the defense investigation can begin.

The time to hire a white collar criminal defense lawyer is when you have the first inkling that you may be under investigation.  In many cases, a thorough defense investigation, conducted before a person is arrested or indicted, can persuade the Government not to pursue the case further.

If you think you may be under investigation for a white collar crime, or if you’ve been arrested or indicted, the time to act is now.  Please call me to discuss your case.

Mississippi Criminal Defense Lawyer Curt Crowley