Hello, and welcome to the Sheriff's Corner. This week's Corner will be a continuation of our exploration of what happens to people after they are arrested. We talked about the purpose of and criteria for bail determination last week.
It's important to remember that the first appearance hearing is important to get information out to the defendant. Also, first appearance occurs within 24 hours of arrest. The defendant is immediately informed of the charge and given a copy of the complaint. The judge also informs the defendant of his rights. That is that anything the defendant says can be used against him or her. Also that if the defendant is unrepresented the defendant has a right to counsel and if financially unable to afford counsel, that counsel will be appointed. The defendant also has a right to communicate with counsel, family and friends if necessary, and will be provided reasonable means to do so.
It is also important to remember that unless the defendant is charged with a capital offense or an offense punishable by life imprisonment and the proof of guilt is evident or the presumption is great, every person charged with a crime or violation is entitled to pretrial release on reasonable conditions. I neglected to write about this last week but I feel you should know. In addition everyone should know that if there is no risk to the community and the defendant is well attached to the community and his/her release would not jeopardize the integrity of the judicial process, the accused may be released on his or her personal recognizance.
I know that it is difficult for victims of crime to see the person arrested for that crime, walking the streets out of jail. This is one of the worst aspects of our system. However, it is part of our system and I believe our system works. I also believe we must all be on the same page so that proper investigations and prosecutions occur. Our courts depend on us to forward only appropriate, proven and truthful information to them.
More next week on our system after arrest. | 