Fighting Allegations of Bail Violations in Federal Counterfeiting Cases

Fighting Allegations of Bail Violations in Federal Counterfeiting Cases

Being accused of violating bail in a federal counterfeiting case can be scary. But with the right legal strategy, you may be able to get the charges dismissed or reduced. This article will walk you through some of the common defenses used to fight bail violation allegations in counterfeiting cases.

What Constitutes a Bail Violation?

First, it’s important to understand what prosecutors need to prove to establish a bail violation. Generally, they must show that you broke a condition of your pretrial release while out on bail. Common conditions include:

• Appearing in court when required
• Refraining from committing new crimes
• Avoiding contact with victims or witnesses
• Complying with a curfew
• Staying within a geographic boundary

If prosecutors claim you violated any of these terms, you could face new criminal charges, or have your bail revoked and be taken back into custody. So bail violations shouldn’t be taken lightly.

Arguing Violation Was Justified

In some cases, your actions may have technically violated bail terms, but were still legally justified. For example, self-defense. If you got into an altercation but were protecting yourself from harm, your attorney could argue the violation was excused under the circumstances. Other possible justifications include necessity (violating to prevent greater harm) or duress (being coerced into violating).

Contesting the Violation Itself

Often, the best defense is contesting whether a violation even occurred. For example, if prosecutors claim you contacted a witness but you have proof you didn’t, your attorney can challenge their version of events. Effective ways to refute alleged violations include:

• Alibi evidence you were somewhere else at the time
• Witness testimony disputing the claim
• Phone records, GPS data, receipts showing you couldn’t have violated
• Demonstrating the informant who reported you is unreliable

By creating reasonable doubt about what happened, you may be able to avoid a violation finding and stay out on bail.

Alleging Discriminatory Enforcement

If prosecutors are enforcing your conditions more harshly than other defendants, your lawyer can allege discriminatory treatment. For example, if they let white defendants slide on curfew violations but throw the book at black defendants. By showing bias in enforcement, you may convince the judge to dismiss the violation charge.

Getting Violated for New Criminal Charges

Sometimes prosecutors will claim you violated bail by committing a new crime. But just being charged isn’t enough – they need to present some evidence you actually did it. Your attorney can prevent the violation by arguing the new charges are baseless and by demanding a full evidentiary hearing.

At the hearing, prosecutors must prove by clear and convincing evidence that you committed the new offense. Your lawyer can attack their proof as speculation, misidentification, or unreliable witnesses. Without solid proof, the judge may dismiss the violation rather than revoke bail.

Arguing Revocation Is Too Harsh

If contesting the violation itself fails, your attorney can argue revoking bail is an excessive response. They may propose alternatives like increased supervision, GPS monitoring, or modifying your conditions. Or they can note mitigating factors like your strong community ties, steady employment, and lack of criminal history to convince the judge revocation isn’t necessary and that you’ll comply going forward.

Getting Time to Put Affairs in Order

Finally, if it seems likely your bail will be revoked, your lawyer can request a few days before you have to surrender to get your affairs in order. This could include making childcare arrangements, notifying your employer, and handling any critical tasks that can’t be left undone. Though not guaranteed, judges may allow a short grace period if you’ve been compliant up until the violation.

Consult an Experienced Criminal Defense Attorney

Fighting bail violation allegations requires skill and strategy. An experienced federal criminal defense lawyer will know the most effective ways to contest or mitigate the claimed violation. They can also negotiate with prosecutors for an alternative resolution. Don’t leave your freedom up to chance – consult a lawyer right away if you’re accused of violating bail.

Sources:

U.S. Department of Justice Criminal Resource Manual on Release and Detention Pending Judicial Proceedings

18 U.S. Code § 3148 – Sanctions for violation of a release condition

U.S. Department of Justice Criminal Resource Manual on Standards for Revocation of Pretrial Release

Federal Rules of Criminal Procedure Rule 32.1. Revoking or Modifying Probation or Supervised Release