Arizona Criminal Defense Attorney Blog
How Top Rated Gilbert AZ Criminal Defense Attorneys Get Your Release Conditions Modified (Pre-trial)
After your Gilbert AZ DUI or Criminal arrest and detention you will be required to have an initial appearance before the Gilbert 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 Gilbert AZ 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 what offense you are accused of committing. For example, if a financially burdened defendant, with no prior criminal record was arrested for stealing 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 $500,000.00 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.
A good criminal defense attorney who defends charges regularly in Gilbert 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 Gilbert 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 Gilbert AZ. This service by your private attorney is usually done as part of the entire retention and formal defense process.
Modifications of release conditions requested by your criminal attorney will depend upon on the initial release conditions were ordered by the judge, the crime you are being accused of committing, and other factors. Some modifications your Gilbert Criminal 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, home confinement with ankle bracelet security, and other more favorable conditions than initially ordered by the Gilbert Court Judge.
When you meet with the Criminal Defense Attorney who will be defending your criminal charges and requesting modification of your release conditions, be sure you communicate in detail your concerns about the initial orders and how they will impact you, your family, your job, your financial situation.
Your Gilbert criminal defense attorney will immediately formulate compelling arguments and file the appropriate motions with the Gilbert court on your behalf. Your chances of getting your pre-trial release conditions modified with the retention of a good private practice criminal attorney who defends charges in Gilbert frequently significantly increase for your to get your release conditions modified to be more reasonable and in your favor.
If you have been arrested for DUI or criminal charges in Maricopa County contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Arizona criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor). Also visit www.arizonacrimialdefenselawyer.com for helpful DUI and criminal defense information.
The Law Office of James Novak is devoted to defending DUI, Drug & criminal charges in Arizona, valley wide within Maricopa County including the cities of Chandler, Scottsdale, Phoenix, Mesa, Gilbert and Tempe Arizona, Phoenix Metro, and Phoenix East Valley Arizona.