Montana dui attorney
First Appearances, Preliminary Hearings, Arraignment & Bail
If you are in custody after your arrest, you will generally be given a hearing within 24 hours. At this first appearance, the Judge will first visit the issues of Bail and other conditions of release. Bail is usually granted, the only question is how much? The main purpose of bail is to assure that the defendant will appear for the next hearing. If the defendant fails to appear, the bail will usually be forfeited (and the money lost), and a warrant will be issued for the missing defendant's arrest.
A preliminary hearing is necessary in all felony cases, except when the charge is initiated by a grand jury indictment. Assuming that the charge has been initiated by the prosecutor filing an information, then the preliminary hearing is where the Judge will decide of there is sufficient evidence ("probable cause") to send the case to Superior Court for trial proceedings. At the preliminary hearing, bail can be adjusted if it was already set, or imposed if it has not yet been set.
A defense attorney can make a motion that his/her client be released on "OR" or on their "own recognizance. This is ideal, because if granted, then the Defendant will not have to post bail. Factors that weigh in favor of an OR release include ties to the community, prior criminal history or lack thereof, standing in the community. The fact that an attorney has been hired may indicate to some Judges that you are taking the charges seriously and are committed to appear and act responsibly.
The arraignment is where the Defendant is formally informed of the charges in open court, and asked to enter a plea. The plea must be guilty, not guilty or no contest (which is essentially the same as guilty). If the defendant does not answer, the court will enter a plea of not guilty. With very few exceptions, we recommend entering a plea of not guilty at any DUI arraignment.
Montana dui attorney
Use the resources in this site for further information
First Appearances, Preliminary Hearings, Arraignment & Bail
If you are in custody after your arrest, you will generally be given a hearing within 24 hours. At this first appearance, the Judge will first visit the issues of Bail and other conditions of release. Bail is usually granted, the only question is how much? The main purpose of bail is to assure that the defendant will appear for the next hearing. If the defendant fails to appear, the bail will usually be forfeited (and the money lost), and a warrant will be issued for the missing defendant's arrest.
A preliminary hearing is necessary in all felony cases, except when the charge is initiated by a grand jury indictment. Assuming that the charge has been initiated by the prosecutor filing an information, then the preliminary hearing is where the Judge will decide of there is sufficient evidence ("probable cause") to send the case to Superior Court for trial proceedings. At the preliminary hearing, bail can be adjusted if it was already set, or imposed if it has not yet been set.
A defense attorney can make a motion that his/her client be released on "OR" or on their "own recognizance. This is ideal, because if granted, then the Defendant will not have to post bail. Factors that weigh in favor of an OR release include ties to the community, prior criminal history or lack thereof, standing in the community. The fact that an attorney has been hired may indicate to some Judges that you are taking the charges seriously and are committed to appear and act responsibly.
The arraignment is where the Defendant is formally informed of the charges in open court, and asked to enter a plea. The plea must be guilty, not guilty or no contest (which is essentially the same as guilty). If the defendant does not answer, the court will enter a plea of not guilty. With very few exceptions, we recommend entering a plea of not guilty at any DUI arraignment.
Montana dui attorney
Use the resources in this site for further information
0 comments:
Post a Comment