Bail Pending Trial: Changing Interpretations of the Bail Reform Act and the Importance of Bail from Defense Attorneys’ Perspectives

Introduction: The Importance of Bail for a Criminal DefendantThere is no constitutional right to bail. 1 Yet, for an accused person facing criminal charges in the United States, particularly in the federal system, the denial of bail pending trial constructively precludes the effective exercise of those rights that are guaranteed by the United States Constitution and poses a challenge to attorneys and members of the judiciary, each of whom has sworn an oath to protect and defend those rights.For a federal defendant facing criminal charges, the court's decision to grant or deny bail pending trial has an impact on every subsequent stage of the case.An incarcerated defendant is substantially less able to assist in his 2 own defense than one * Clara Kalhous graduated from Cardozo School of Law in January 2009 and has spent the past three years engaged in the representation of criminal defendants in the New York State and the federal courts at all stages of pretrial and trial proceedings and on appeal.John Meringolo graduated from New York Law School in 1999.Since 2003, he has represented clients in over eighty federal cases in District Courts nationwide and in over 300 felony and misdemeanor cases in New York and New Jersey state courts.John has extensive experience defending clients in high-profile RICO indictments.John teaches Trial Advocacy at New York Law School and Advanced Trial Advocacy at Pace Law School.His recent publications include The Media, the Jury, and the High-Profile Defendant: A Defense Perspective on the Media Circus, 55 N.Y.L.