Arizona Criminal Defense Attorney Blog
How Top Rated Mesa AZ Criminal Defense Attorneys Get Your Release Conditions Modified (Pre-trial)
After your Mesa AZ DUI or Criminal arrest and detention you will be required to have an initial appearance before the Mesa AZ Court Judge. The judge will read you your rights, formal charges, and advise you of your pre-trial release conditions. The primary purposes of court in setting release conditions is to 1) secure a defendant’s appearance for future court dates or trial, 2) and to make sure the defendant’s release does not pose a threat or harm to others in the community.
The Mesa Arizona Court takes into account many factors in making this decision including classification of the charge such as a misdemeanor or felony; severity and nature of the charges; if the charges involved a violent crime; your past criminal record if any; whether or not you are a potential “flight risk”; along with other standard release conditions and factors.
The release conditions should be commensurate with the criminal charge. The release conditions should not be unjust or unreasonable based on the crime you are accused of committing. For example, if a financially burdened defendant, with no prior criminal record was accused of shoplifting milk and a loaf of bread, without any weapons or threat of harm to anyone in the store; it would be outrageous for the judge to require him to post a $750,000.00 bail bond in order to be released from custody. If the release conditions seem overly harsh, unreasonable, financially unobtainable, or burdensome, your will need to retain an Arizona criminal defense attorney.
An experienced private criminal defense attorney who defends charges regularly in Mesa AZ court will immediately file a motion to request modification of your pre-trial release conditions. This can be done immediately while you are in custody. Either you or someone on your behalf can consult a Mesa criminal defense lawyer to discuss the charges, defense options, and services your Attorney can provide involving a request to modify your pre-trial release conditions from custody in Mesa AZ. This service by your private attorney is usually done as part of the entire retention and formal defense process.
Examples of modifications your Mesa criminal defense Attorney may request include but are not limited to lowering the bail bond to a reasonable amount; allowing you to be released on your own recognizance; allow an appearance bail, or allow you to be released to another responsible entity’s custody (for example a minor being released to the parents of the minor) home confinement with ankle bracelet security, and other more favorable conditions than initially ordered by the Mesa Court Judge.
When you discuss your case and initial release conditions with your Mesa Criminal or DUI Defense Attorney, be sure you communicate your concerns about the initial orders and how they will impact you, your family, your job, your financial situation. Your Mesa criminal defense attorney will immediately formulate compelling arguments and file the appropriate motions with the Mesa court on your behalf, in most cases while you are still in custody if you have retained them formally for legal representation.
Your chances of getting your pre-trial release conditions modified with the retention of a good private practice criminal attorney who defends charges in Mesa frequently significantly increase in your favor.