Hi everyone. This week's Sheriff's Corner is about the next phase of our trip through the process of arrest and what happens after the defendant arrives at the jail. As you'll remember, two weeks ago was the introduction and explanation of the bail determination process. We included the things the court or judge considers before deciding on whether there will be bail or not.
The next week we talked about the other aspects of the first appearance. That is determining how the defendant will be represented and under what conditions. Can he afford his own attorney or will a public defender be appointed. And we know that all of this happens within 24 hours of being arrested.
Well, what happens next? If the defendant has been released on his own recognizance he gets out of jail but must comply with the courts conditions. If a bail amount was ordered, he must pay money before he gets out. If he used a "bail bondsman" he pays a percentage of this total bond (10%). If he doesn't use a bail bondsman, he will pay the entire bail amount. Remember, if he used a bondsman and he violates the conditions of the bail, the bondsman possibly comes off the bond and gets the defendant picked up. Lastly, if the bail amount that was set was more than the defendant could pay, he stays in jail.
Sometimes when a defendant has not been able to make bail, his attorney will try to get a bond reduction hearing. If the judge decides that the hearing warrants a lowering of the bail, he will so order. Then the defendant may be able to make bail and get out of jail.
No matter the bail situation, the process of defending and prosecuting the defendant begins. One of the first things to happen is the "motion to discover". This is when the defense officially approaches the prosecution and "demands" specific and pertinent information about the investigation that led to the defendant's arrest. Some of the things requested include, reports, witness list, evidence list and evidence evaluations. They get to know a lot.
I'll continue in this area next week. I hope you have a great week. | 