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Pre-trial Release in Frederick County Assault Cases

Before a trial is set but after an arrest, defendants will either be released back into the public to await trial, or they will be held in jail until their day in court. In some cases, they may only be granted release on certain conditions or after an amount of money has been deposited as collateral for their appearance.

If you were arrested for Assault in Frederick County, you might be eligible for pre-trial release depending on the specifics of your case. By working with a dedicated assault lawyer, you could protect your rights and fight for your freedom as soon as possible.

Arguments for Pretrial Release After a First Appearance

When determining whether it is appropriate to release someone from jail, a commissioner or a judge factors in two primary considerations. They will weigh whether the person poses a risk of running away before their court date and whether they would be a danger to the community or the victim.

A compassionate defense attorney could try to persuade the commissioner or the judge that the accused is not a flight risk by arguing that they:

  • Have no history of failing to appear in court
  • Have significant ties to the community
  • Are a resident of the State
  • Are a citizen of the United States

In order to prove that the individual is not a danger to the community, they would need to show their criminal background and if there have been any violent convictions or any prior history with the alleged victim. Every small aspect of a person’s past will be scrutinized to determine whether they should be allowed out of the State’s custody while awaiting trial. Each situation is unique, and it is difficult to determine how a judge or magistrate will rule, but an experienced attorney could apply their knowledge to explain likely outcomes.

What Conditions of Release are Common for Assault Cases?

Some of the most common conditions imposed on an individual accused of assault are that they must have no contact with the alleged victim throughout the pendency of the proceedings. Even in cases where the court allows contact:

  • They might not be allowed to go back to the residence or live together
  • They might be barred from the alleged victim’s place of employment
  • They could be placed on pretrial supervision and have to report to an agent
  • They may have to participate in an anger management program
  • They may have to participate in alcohol classes when drinking was involved in the initial charge

Judges could order all sorts of conditions to a person who is released pending their trial.

No-Contact Orders in Frederick County Assault Cases

When a judge releases someone from jail who is charged with an assault, they may have a “No-Contact Order” as a condition of their release, which means that they have absolutely no direct or indirect contact with the party in question. If the person violates that order and has contact with them and the judge or State finds out, they could revoke the person’s release and put them back in jail until their court date.

The last thing that should happen when an individual is facing assault charges is for another incident like the original to garner further charges In many instances, parties do have contact, but the last thing that an accused party needs is an allegation that they have been intimidating, coercing, or trying to influence the State’s witness in the case pending against them. This is especially true if there is a “no-contact” provision. If they violate that order and the State or a judge finds out, they may be ordered to sit in jail for weeks or even months until their trial.

Legal Counsel Could Fight for Your Release

After an arrest, there will be booking, arraignment, and the first appearance in court. It is imperative that you contact an attorney as soon as possible, so they are able to start working on securing your freedom. In many cases, an attorney may be able to help you get out of jail before your trial, whether it is through your own recognizance, certain conditions, or a monetary bond. To start working on your case, call an attorney today.