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Increased bail is abuse of discretion, panel rules

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A trial court abused its discretion when it raised a defendant’s bail in a meth possession case, the Indiana Court of Appeals ruled Wednesday.

In Charles Cole v. State of Indiana, 49A02-1308-CR-680, Marion Superior Judge Jose Salinas initially set Charles Cole’s bond at $2,500 surety on the Class D felony charge, and the state did not object. Cole’s public defender, though, asked the court to reduce the bond to $1,500, to which the state did object.

Salinas responded to the request by giving Cole a copy of his criminal record and questioning him about his more than a dozen felony and misdemeanor convictions between 1987 and 2010, after which bond was raised to $10,000 surety.

Cole since has pleaded guilty to the charge, but the court in a footnote wrote that it granted his request to proceed with the appeal as a matter of great public interest. Judge Elaine Brown noted in the unanimous opinion reversing the increased bond that Cole argued no new evidence supported the increase and that the unusually high bail was twice as high as the maximum provided by Marion County’s local rules.

“The State does not point to any other statutory authority which would support the trial court’s order increasing Cole’s bail. The requirements for increasing bail under Ind. Code § 35-33-8-5 were not satisfied, and the trial court abused its discretion in increasing Cole’s bail,” Brown wrote for the panel that also included Judges Edward Najam and Paul Mathias.
 

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  1. The child support award is many times what the custodial parent earns, and exceeds the actual costs of providing for the children's needs. My fiance and I have agreed that if we divorce, that the children will be provided for using a shared checking account like this one(http://www.mediate.com/articles/if_they_can_do_parenting_plans.cfm) to avoid the hidden alimony in Indiana's child support guidelines.

  2. Fiat justitia ruat caelum is a Latin legal phrase, meaning "Let justice be done though the heavens fall." The maxim signifies the belief that justice must be realized regardless of consequences.

  3. Indiana up holds this behavior. the state police know they got it made.

  4. Additional Points: -Civility in the profession: Treating others with respect will not only move others to respect you, it will show a shared respect for the legal system we are all sworn to protect. When attorneys engage in unnecessary personal attacks, they lose the respect and favor of judges, jurors, the person being attacked, and others witnessing or reading the communication. It's not always easy to put anger aside, but if you don't, you will lose respect, credibility, cases, clients & jobs or job opportunities. -Read Rule 22 of the Admission & Discipline Rules. Capture that spirit and apply those principles in your daily work. -Strive to represent clients in a manner that communicates the importance you place on the legal matter you're privileged to handle for them. -There are good lawyers of all ages, but no one is perfect. Older lawyers can learn valuable skills from younger lawyers who tend to be more adept with new technologies that can improve work quality and speed. Older lawyers have already tackled more legal issues and worked through more of the problems encountered when representing clients on various types of legal matters. If there's mutual respect and a willingness to learn from each other, it will help make both attorneys better lawyers. -Erosion of the public trust in lawyers wears down public confidence in the rule of law. Always keep your duty to the profession in mind. -You can learn so much by asking questions & actively listening to instructions and advice from more experienced attorneys, regardless of how many years or decades you've each practiced law. Don't miss out on that chance.

  5. Agreed on 4th Amendment call - that was just bad policing that resulted in dismissal for repeat offender. What kind of parent names their boy "Kriston"?

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