Will I Be Held in Jail During My Case?
WILL I BE HELD IN JAIL DURING MY CASE?
June 1, 2015 Law Offices of Barry M. Wax
The issue of whether or not an individual who's been charged with a crime will be held in jail during the time that their case is going on is probably the most important consideration that occurs at the beginning of the case. When someone is charged with a crime they're arrested and taken to jail.
Typically the issue of bond comes up immediately. The law requires that you be brought before a judge within 24 hours of your arrest. During that hearing in front of the judge the issue of bail is considered.
Now, most crimes are bailable as a matter of right; for instance, if you're charged with possession of cocaine or burglary or a minor charge, you're going to be able to post a bail but if you're charged with a serious offense, one that's typically punishable by ten years or more in prison or involves violence it's quite possible that the prosecution is going to ask the court to hold the defendant pending the outcome of their case because they believe that that person presents either a risk of flight or a danger to the community.
A risk of flight basically means that if you're released from jail they believe that you will not return, you'll become a fugitive. A danger to the community means that if you're released from jail you're likely to commit other crimes. Now the court has to make this determination and the burden on the government for justifying a pretrial detention is very high. The only way to properly meet this situation is to have an experienced attorney on your side in court arguing for your release and if that attorney is effective more than likely you're going to be admitted to bond during the pendency of your case.