Marissa Alexander has been released on bail, according to widespread news reports. The conditions of her release are stringent, although not overly so for someone who has never been a very appropriate candidate for pre-(re-)-trial release. Alexander had been previously convicted of aggravated assault with firearm enhancement under Florida’s 10-20-Life law, resulting in her 20-year mandatory sentence, after rejecting a 3-year plea deal.
The fact that the court was willing to grant bail (and the language of the order granting bail makes clear that doing so in a re-trial case following a prior conviction is not the norm), and that the prosecution did not argue with sufficient vigor to defeat the motion for bail, reinforces my belief that Alexander is not going to be treated with a lighter hand than the law allows.
In addition, the fact that bail was granted reinforces my expectation that Alexander will again be offered a plea deal, this time for (mostly) time served–and if she’s got the smarts of even a turnip she should grab the offer with both hands.
For more details including the actual court order granting bail, see my coverage over at Legal Insurrection:
Marissa Alexander Released on Bail
–Andrew, @LawSelfDefense, Law of Self Defense Facebook
[If you like what I write, please “follow” me on Twitter, and “like” me on Facebook. My IT person says it matters. 🙂 ]
Andrew F. Branca is an MA lawyer and the author of the seminal book “The Law of Self Defense, 2nd Edition,” available at the Law of Self Defense blog, Amazon.com (paperback and Kindle), Barnes & Noble (paperback and Nook), and elsewhere.
In addition to the book, Andrew also conducts Law of Self Defense Seminars all around the country. Seminars for 2014 are currently being scheduled, if you’d like to see one held in your area fill out the comment box on the LOSD Seminar review page, where you can also see reviews of recently completed seminars in New Hampshire, Maine, Texas, Massachusetts, Ohio, Virginia, Florida, South Carolina, Georgia, and elsewhere.
You can follow Andrew on Twitter at @LawSelfDefense and using #LOSD2, on Facebook, and at his blog, The Law of Self Defense.