Arrest & Pre-Trial

As a first-time offender, from the moment you or a loved one is arrested (or think that you will be arrested), the process can feel overwhelming. 

Whether you are (1) under investigation, (2) have been indicted and preparing to turn yourself in, or (3) already have been arrested by local law enforcement without any warning, you are beginning the first stage of your journey through the criminal justice system. 

We are here to help you navigate the process and provide critical information. From the details of pre-trial supervision, to GPS/ankle monitoring, to home confinement - our team will walk side-by-side with you throughout the process.

Most counties, regardless of the state, have their own Pre-Trial Services division and manage according to the regulations and guidelines of the local government. However, the process essentially remains the same for those charged with serious crimes (felonies). 

Step 1 - After an arrest, there is an appearance by a Court Commissioner. Based on the severity of the charges, you may not immediately be released and you will be held over in the local detention center. 

Step 2 - Within the next day or two, your attorney will go in front of a judge in an effort to secure your release on bond. If approved, you may require some type of payment or it may be an unsecured bond (i.e. no payment required).

There will be an interview with Pre-Trial Services. Here it will be determined if you qualify and what the conditions of your release will include. Typically, the screening staff will verify personal information, analyze your criminal history, come up with an assessment score, and formulate recommendations to the Court to enable the judge to make informed bond decisions.  

In many counties, Pre-Trial Services is responsible for: 

1. Assessing newly arrested defendants for the possibility of release into the community while awaiting trial and for follow through with supervising those defendants safely in the community
2. Supervising those defendants who are offered diversion from trial in return for satisfactorily completing a community services or substance abuse program.

You Have Been Released on Bond, Now What? 

If you are released and under the supervision of Pre-Trial Services, it simply means that you are released with the condition of Pre-trial Services Supervision as an alternative to your incarceration.  

If you fail to report or follow the guidelines set forth by your Pre-Trial Officer, it may result in the issuance of an arrest warrant and the placement back in the detention center until your case is heard. 

All defendants under Pre-trial Services Supervision are required to follow certain conditions of conduct. Some examples of these conditions include: 

• Wearing an ankle (GPS) monitor
• A minimum number of contacts per week -by telephone or in person-  with the Pre-Trial officer
• Mandated reporting any changes in your address or employment
• Keep a record log of certain appointments and having your Pre-Trial Officer sign a card verifying in-person visits
• Verification of address through scheduled or unscheduled home visits
• Required attendance at all court hearings
• Remaining drug and alcohol free. Defendants are typically subject to random drug and alcohol testing
• Remaining arrest free
• A “no contact” provision - meaning you may not have any contact with an alleged victim or alleged co-defendants in your case
• A curfew
• Participation in counseling or in drug and alcohol treatment
• Restrictions preventing travel outside of a specific county or mile-radius

Typically, a report is submitted to the court when you are scheduled for a trial, plea, sentencing, or just based on other set parameters. The judge may refer to the information in the Pre-Trial report to decide whether you should remain out on bond before your next court date or to help determine an appropriate sentence. 

If you're found to be violating the conditions of your release, the judge will be informed. In certain cases, Pre-Trial may recommend that your bond be revoked if you're not adhering to the terms of your release.

If you are on pre-trial release and under the supervision of Pre-Trial Services, there are things you can do immediately to start positioning yourself in the best light possible. Mistakes early in the process can have significant consequences. 

In many cases younger defendants have a difficult time understanding the consequences of not following through or are confused about what they should be doing/not doing. 

Contact us here for a free, no-obligation phone consultation if you or someone you know is possibly facing arrest on felony charges or has already been arrested.