View source for (4)3 Pre-Trial Detention & Bail

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= (4)3 Pre-Trial Detention & Bail =
This section governs the conditions under which an accused defendant may be lawfully detained prior to trial, and establishes procedures and standards for bail determinations.

== (4)3.1 Presumption of Pre-Trial Release ==
All defendants are presumed eligible for pre-trial release pending resolution of criminal charges.

Pre-trial detention shall be the exception, not the rule.

== (4)3.2 Grounds for Pre-Trial Detention ==
A court may order pre-trial detention only upon a finding, supported by clear and articulable facts, that the defendant:
# Presents a credible risk of flight; or
# Presents a credible and immediate danger to the public or specific individuals; or
# Is subject to mandatory detention under a specific statute.

The severity of the charged offense alone shall not constitute sufficient grounds for detention.

=== (4)3.2.1 Mandatory Detention for Aggravated Felonies ===
Notwithstanding other provisions of this section, a defendant charged with an aggravated first-degree felony shall be subject to mandatory pre-trial detention.

For purposes of this section, an aggravated first degree felony means, any felony crime in which there is probable cause that involves an aggravating circumstance under [[(4)7_Sentencing_Guidelines#(4)7.3_Aggravating_Circumstances|(4)7.3 Aggravating Circumstances]] or any of the following crimes:
* [[(6)2.1.1 Capital Murder]]
* [[(6)7.4.3 Capital Treason]]
* [[(6)3.2.1 Criminal Racketeering]]
* [[(6)2.1.2 Murder in the First Degree]]
* [[(6)2.2.1 Robbery in the First Degree]]
* [[(6)2.3.1 Assault in the First Degree]]
* [[(6)7.1.2 Escape in the First Degree]]
* [[(6)7.4.1 Engaging in a Terroristic Plot]]
* [[(6)7.4.2 Aiding Terroristic Activity]]

The court shall order detention upon a finding of probable cause.

The defendant retains the right to:
# A prompt detention hearing
# Review of the classification applicability
# Appeal or petition for reconsideration if the charge is amended or dismissed

== (4)3.3 Bail Hearings ==
Defendants held in custody are entitled to a prompt bail hearing before a judicial officer.

At a bail hearing, the court may consider:
# The nature and circumstances of the charged offense
# The defendant’s criminal history
# Ties to the community
# Prior failures to appear
# Any credible threats to public safety

== (4)3.4 Bail Conditions ==
Bail may be imposed in the least restrictive form reasonably necessary to ensure court appearance and public safety.

Permissible conditions may include:
# Monetary bail
# Release on recognizance
# Travel restrictions
# No-contact orders
# Supervision or monitoring requirements

== (4)3.5 Excessive Bail Prohibited ==
Bail shall not be excessive, punitive, or set at a level designed to ensure continued detention.

The court must consider the defendant’s financial resources when imposing monetary bail.

== (4)3.6 Review and Modification ==
A defendant may move for review or modification of bail conditions upon a material change in circumstances or new information.

== (4)3.7 Violation of Bail Conditions ==
A willful violation of bail conditions may result in:
# Revocation of bail
# Modification of release conditions
# Additional lawful sanctions

== (4)3.8 Credit for Time Served ==
Any time spent in pre-trial detention shall be credited toward any custodial sentence imposed upon conviction.