First Appearances

Question 1

What 4 things generally happen at a criminal Defendant’s first appearance?

Answer 1

CARP

(1) Counsel appointed,
(2) Advice is given about the case,
(3) Release conditions are set, and
(4) Probable cause determination is made, if the paperwork is ready. The state can ask for a 24 hour extension of time to gather information relevant to a probable cause determination.

Question 2

What is a non-adversary probable cause determination, and how does it work?

Answer 2

Within 48 hours of arrest, a magistrate determines whether there was PC to arrest the Defendant.

This determination is not required where there has been a previous determination of PC and an arrest warrant issued.

Prosecution can get two 24 hour extensions under extraordinary circumstances.

Question 3

All persons in custody for the alleged commission of a crime are entitled to pretrial release on reasonable condition unless: (2)

Answer 3

(1) Charged with a capital offense or an offense punishable by life, and
(2) The proof of guilt is evident or the presumption of guilt is great.

Question 4

A Defendant on pretrial release is entitled to a probable cause hearing only if: (2)

Answer 4

(1) He files a motion within 21 days of his arrest, and
(2) He can establish that his release conditions are a “significant” restraint on his liberty.

Question 5

Domestic violence cases must go to first appearance, why?

Answer 5

To ensure that a No Contact Order is issued.

Question 6

Should the court consider the financial resources of friends and family in setting bond?

Answer 6

Yes.

Question 7

Can the court order ankle monitoring at a first appearance?

Answer 7

Yes, but only if the defendant lives in the 19th.

Question 8

Are defendants with Violation of Probation and Failure to Appear entitled to pretrial release on bond?

Answer 8

No. Capital offenses, life offenses, VOP, and FTA are not entitled to release on bond. The judge may in her discretion refuse to issue bond for VOP and FTA offenses at first appearance.

Question 9

Can the first appearance judge revoke bonds set by judges in other districts? Our district?

Answer 9

Other districts no, our district yes.

Question 10

What residential requirement applies to issuance of pretrial supervision?

Answer 10

The defendant must be a resident of the 19th circuit.

Question 11

What is the main concern the SA should have regarding revocation of bond?

Answer 11

The date of the instant offense; Was the bond issued before or after the offense? If before, bond cannot be revoked.