High School

After reading Chapters 9 and 10, draft a response to the following discussion prompt:

Michael decided that proceeding pro se was not in his best interest. He realized that being his own lawyer, the defendant, a witness to what happened at the party, and potentially a victim of Snitch, was not the best route. At his initial appearance, the judge set bail at a high price of $100,000.00 to punish Michael for contributing to the delinquency of a minor. Michael does not have the money to pay the bail and will likely remain in jail.

Discuss whether the setting of the bail was appropriate and what actions Michael should or could take. Ensure you include factors that should be considered.

Answer :

Final answer:

The setting of a high bail can be seen to reflect the seriousness of the crime and the risk posed by the accused's release. Michael should consider seeking a bail bond if he cannot afford the total bail, and should request legal counsel, as it is within his rights to have legal assistance with his defense.

Explanation:

From a legal perspective, the set bail amount can be viewed as appropriate or not depending on several factors. In setting bail, the court assesses the risk posed by the accused's release, the seriousness of the crime, the accused's financial ability, and the probability of the accused showing up in court. In Michael's case, despite the high bail set, it seems the judge considers him as posing a high risk due to the nature of his crime - contributing to the delinquency of a minor. Keep in mind that bail is not meant to punish the accused, but instead serves to ensure that he or she appears at trial. Given that Michael cannot afford to pay bail, he is likely to remain in jail till trial.

In such a situation, he could consider seeking a bail bond. A bail bond is an agreement to pay a percentage of the bail amount (usually 10 percent) to a bond seller, who then pays the full bail amount. However, such an arrangement would still require that Michael produce some money.

Finally, referring to the landmark Gideon v. Wainwright case, it's important for Michael to have legal assistance with his defense. He should request a lawyer, even if he can't afford one, as it constitutes his fundamental right and would likely improve his chances of achieving a favorable outcome.

Learn more about Bail & Right to Counsel here:

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