Years ago, it used to be that you’d have to attend a bail hearing after your arrest to see if you could be released on your own recognizance or if you had to post bail before you could be released. But that’s no longer the case. Now, in the days following your arrest you’ll have a detention hearing. Here, the court will decide if you should be released on your own recognizance or if you should remain jailed pending the trial on your matter. Gone are the days of the bail system.
What will the court consider at a detention hearing?
When you head into your pre-trial detention hearing, there’s a presumption that you’re eligible for release. To convince the court that you should remain detained, the prosecution must show, by clear and convincing evidence, that even the placement of special conditions on your release is insufficient to ensure that you’ll return to court, that the public will remain safe, or that you won’t somehow obstruct the case. Therefore, the prosecution will have an opportunity to present evidence and argument, but you will, too.
How to advocate for yourself during a pre-trial detention hearing
When you appear for your pre-trial detention hearing, you need to be ready to present persuasive evidence and argument. You can do this by offering mitigating factors such as your ties to the community and your steady employment, arguing that a conviction is unlikely in your case, or that the public safety assessment tool used by the state shows that you don’t pose a threat to the public.
Just be as thorough as you can here. After all, your future and your freedom are on the line. If you need help with your criminal defense at any stage, be prepared to seek out the help you need.