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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
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Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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For Paul MJD, Paul on the arrest warrant the Judge put $5000

Customer Question

For Paul MJD, Paul on the arrest warrant the Judge put $5000 cash bond and also wrote in No 10%. Then she has her Initial Appearance. And it reads Bond is set in the amount of $5000 cash Or Surety. Could you bail out on 10% now that it doesn't say No 10%? And also on the Initial Appearance it says Pretrial hearing is scheduled for At the pleasure of District Court. What does that mean? Is this normal?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your new question and for asking for me.

Yes, now the new bond is issued it modifies the prior bond order and that means that she can use a surety and pay the 10%. The judges put cash bond only and no surety on an arrest warrant to insure that the defendant is held at least long enough to be brought to the court.

The initial and pretrial have to be held within 72 hours if a person is held in jail and they cannot just hold it outside of that time whenever they choose.



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Customer: replied 1 year ago.

She was arrested on 5/28 at 6 45 pm. initial appearance was on the 29th and that is where it says at courts pleasure for pretrial. then I see an order from the judge it says she should be directed to appear before the court on the first Tuesday following her arrest. which will be the 4th of June. that is more then 72 hours. that is hours short of a week. Can they do that? This is the pretrial release being revoked that the arrest warrant was for on the precursor charge.

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response, because the arrest occurred over the weekend the court may for good cause set the pretrial hearing for outside of the 72 hours the court has to simply justify it for good cause. But it must be within a reasonable time close to the 72 hours.
Customer: replied 1 year ago.

But it wasn't over the weekend. The 28th was last Tuesday at 6 45 pm. 72 hrs would be up at 6 45 pm on Friday. or because the last 2 hrs and 45 minutes of the 72 hrs is on the weekend, they are holding it over. Can they hold it over because of that? And as corrupt as this court is, should one even bring up the issue? Or is it worth fighting this issue? If so how would one do it? And another Question on this issue, does she have to physically be there? Or is this something her attorney can go to? Because when she was first charged with this last October it was 3 weeks before she physically went in front of a judge herself. It was three weeks before she even new she had a court appointed attorney.

Expert:  Law Educator, Esq. replied 1 year ago.
The court has to simply set the preliminary hearing within a reasonable time. This depends on the court schedule and prosecutor but as long as they set bond, which you said they have set her bond already, the court and prosecutor must just demonstrate some good cause for the delay in the preliminary hearing (such as the DA may be seeking to take the case to a grand jury etc)
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 91829
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Law Educator, Esq. and 2 other Criminal Law Specialists are ready to help you
Customer: replied 1 year ago.

Thanks Paul Have a good weekend.

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you. Have a good weekend as well.

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Law Educator, Esq.
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