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Unless they are charged with capital murder, all defendants have the right to be released on bail if they can provide enough collateral. If the bail is set too high, a defense attorney can request a bail reduction hearing and must show that a defendant does not have enough collateral to pay such a high bond, is not a flight risk, has ties to the community and is not a danger to the public or the alleged victim.
A judge can also decide whether to release the accused under a personal recognizance bond, which does not require that a surety be paid or that other forms of collateral be offered.
The money will be refunded once the case is over. A bail bond involves using a bonding company or a bail bondsman to borrow the money to meet the conditions of the bail set by the judge. The bondsman will charge a fee and could have additional requirements. The fee will not be refunded. The prosecutor is then required to file charges either through a complaint used for Class C misdemeanor , information used for Class A or B misdemeanors or indictment used for felonies.
Nine votes are required to take the case to trial. If the prosecution does not meet that requirement, no charge is filed, but the prosecution can present its case again to a grand jury. Once charges are filed, the accused is expected to make an initial court appearance, also known as an arraignment. He or she will be given a copy of the complaint, information or indictment and have the opportunity to have the charges read in open court, enter a plea and request a continuance. It is common for cases to be granted a continuance to allow the defense team or prosecutor to investigate further.
The defense attorney will talk to the prosecutor to negotiate a plea bargain or deal. Sign up now for free access to this content Enter your details below and select your area s of interest to stay ahead of the curve and receive Law's daily newsletters. First Name Last Name. Password at least 8 characters required Confirm Password. Already have access?
United States criminal procedure
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International Trade. Finally, a prosecutor is obliged by this rule to take reasonable measures to see that persons employed or controlled by him refrain from making extrajudicial statements that are prejudicial to the accused. See paragraph e and Rule 3.
See also Rule 3. Applicable law may require other measures by the prosecutor and knowing disregard of those obligations or a systematic abuse of prosecutorial discretion could constitute a violation of Rule 8.
Paragraph a does not apply to situations where the prosecutor is using a grand jury to determine whether any crime has been committed, nor does it prevent a prosecutor from presenting a matter to a grand jury even though he has some doubt as to what charge, if any, the grand jury may decide is appropriate, as long as he believes that the grand jury could reasonably conclude that some charge is proper. A prosecutor's obligations under that paragraph are satisfied by the return of a true bill by a grand jury, unless the prosecutor believes that material inculpatory information presented to the grand jury was false.
Paragraph b does not forbid the lawful questioning of any person who has knowingly, intelligently and voluntarily waived the rights to counsel and to silence, nor does it forbid such questioning of any unrepresented person who has not stated that he wishes to retain a lawyer and who is not entitled to appointed counsel.
See also Rule 4.
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