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Wednesday, June 7, 2017

Update: Singer Dammy Krane Released From Jail On $7,500 Bail

Nigerian pop singer Dammy Krane who was arrested on June 2nd, 2017, on theft and fraud charges has been released from jail on a $7,500 bail.,shows the following:
The court updated information regarding his Nebbia hearing of June 6, 2017.
Dammy Krane appeared in court with his previously assigned attorney, Fan Li, who is a public defender i.e. a court assigned attorney for a criminal defendant who lacks the funds to hire a private attorney.
Krane has a new attorney, Erik Courtney, a private attorney who was a former Assistant State Attorney.

Through his new lawyer, Krane was able to show that the source of his funds for bail was legitimate and not illegally obtained. See the Nebbia Hearing previously discussed on AML to understand why a court would set this kind of hearing.
Post satisfying the Nebbia requirement, the judge removed the bond hold allowing Krane to pay a bondsman/post bail in the amount of $7,500.00 for his release.
 Krane entered a written plea of not guilty and demanded a jury trial. The Sixth Amendment to the United States Constitution guarantees a right to a speedy and public trial by an impartial jury in the state and district where a crime is committed.

Krane’s new attorney also requested a copy of the charges against him i.e. the complaint. You can view/read the complaint below that details the charges and alleged facts against Krane.
Krane’s attorney also asked for what we lawyers/legal justice system calls “discovery”. Discovery is simply evidence gathering and is a crucial part of an attorney’s preparation for a case. In the criminal justice system, discovery is reciprocal meaning the prosecutor and the defense are equally entitled to information from each other to prepare for their cases. Typically, the discovery that the prosecution is required to give a defense attorney includes a) the names and addresses of people the prosecutor intends to call as witnesses.

This permits a defense attorney to send investigators to interview these witnesses to know what they will say at trial; b) statements made by all defendants. So, in the complaint below, the police says Dammy Krane and his co-defendant waived their right to counsel. This is an unwise move for to do when you are arrested. So, the first thing Krane’s attorney needs to figure out is what they both said to the police (hence the request for statements by all defendants), and to make sure Krane, in fact, did waive his right to speak with counsel; c) all relevant real evidence the cop seized i.e. the cards, cell phones, etc. Usually, they make this available for viewing; d) any evidence that might exonerate (free) Dammy Krane and much more.

The actions by Dammy Krane’s defense attorney are typical actions taken by any competent criminal defense lawyer when he/she first appears in a case. The next step now, as Dammy Krane is released, is for him to obey the bail terms and conditions so he is not forced back into jail.

There are other prudent steps he should take. They include refraining from speaking to the press, family members, or anyone about the case because any and all things he says can and will be used against him in court during his trial. His lawyer already has a bit of a  challenge with the fact that Dammy Krane spoke with the police and allegedly gave a statement with no coercion that appears to admit guilt, per the police report.

Finally, Krane may be tempted to visit Nigeria, if his passport was not seized by the court, but that is a wrong move. He needs to stay put until his next court hearing and ensure his attorney sorts out the logistics on whether he is permitted to travel to Nigeria before he travels.

Krane will appear in court for his arraignment on June 23, 2017.

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