BAIL AGENT X

What happens after someone gets arrested?

So you or someone you love just got arrested

Each state and jurisdiction may vary, but typically this is how it goes down…

After someone gets arrested, a suspect will make their first appearance at a preliminary hearing, which typically occurs the next business day following their arrest, not counting weekends and holidays.

At a preliminary hearing, a judge decides if there is probable cause to believe that the defendant committed a crime based on evidence provided by law enforcement or the prosecuting attorney. Probable cause must be determined no later than 48 hours following a person’s arrest.

If a judge finds probable cause, the next step is deciding if the suspect should be held in detention, released on their recognizance, or released with conditions if personal recognizance is not enough to guarantee that a suspect will show up for their next court date.

If the court finds there is a “substantial danger” the accused will commit a violent crime, try to intimidate witnesses, or otherwise interfere with the administration of justice while out on bail, a judge can choose to order the defendant remain in detention. The court can consider the accused’s criminal history, the nature of the charges, the accused’s record of threats to victims or witnesses, the accused’s record of using deadly weapons or firearms and the accused’s history of committing crimes while released pre-trial when making that decision.

 

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