Because of the seriousness of certain criminal charges, securing release on bail can be difficult, or in homicide cases, impossible. When the most serious crimes are charged—such as first-degree murder—the stakes are so much higher. Even when a person is innocent of those charges, being charged with such serious crimes is very scary. The person gets taken into custody, denied bail, and waits years for trial.
When Luis Sierra was charged with a cold-case-first-degree-murder charge relating to a missing person some 45-years ago, he contacted R. Emmett Madden at ThePhillyLawyers.
By scores of character endorsements from family members and friends, Luis is a great father, grandfather, and positive member of the community. He has absolutely no prior criminal record. And he led an exemplary life as a hard-working public servant. After his career in public service, he retired and was enjoying time with his family.
But unfortunately, and without sufficient evidence, the police charged Luis with first-degree murder for an alleged missing person and murder from sometime in the 1970’s. Certainly, such a scenario is a nightmare for anyone—the stuff of movies, documentaries, and podcasts.
By way of background, first-degree murder charges were crimes for which a person, once charged, was legally denied bail. That meant that even though a person is presumed innocent, and even if a person is innocent, a person charged with first-degree murder is jailed waiting—sometimes for years—for their trial, without bail.
Although that was the state of the law, we filed bail motions and aggressively pursued Luis’ bail release because we believed the law was wrong. In Luis’ case, his good character spoke volumes about his innocence. And we cited our Pennsylvania Supreme Court’s cases such as Com. v. Neely, (noting that “to offer evidence of an otherwise unblemished life is not a plea of mercy. It is, in fact, to be weighed against any present allegation to the contrary. Character evidence may give a name to damning combinations different than what they seem, and be the truth that sets one free.”) And we argued specific caselaw and release criteria factors directly applicable to the appropriateness of Luis being released on bail.
We also relied on our Pennsylvania Supreme Court’s reasoning in Com. v. Talley, to point out the prosecution’s insufficient evidence, failure of proof, and the lack of evidence of any dangerousness—all of which we argued justified Luis’ release on bail. Fortunately, the court agreed, and Luis has been released on bail and is now home. A remarkable result.
The way we practice—as we share through Luis’ story—is how we are proud to defend our clients. Freedom is the most precious gift in life. When freedom is threatened, or lost, because of criminal charges, the person charged needs a lawyer with experience who will invest the time, energy, and resources necessary to defend the accused.
