Howard County Domestic Violence Pre-Trial Release
When involved in a Howard County domestic violence charge, an individual may request a pre-trial release. This will allow the defendant to be released from jail and await their court date while continuing their normal day to day lives.
Whenever one is dealing with a pre-trial release, there are two critical questions the judge will ask:
- Will the charged show up to court?
- Will they pose a risk or danger or to somebody else?
In order for this to be granted, your Howard County domestic violence attorney can assist in assuring the judge that you are neither a flight risk nor danger to those around you.
Flight Risk
When determining the risk of whether the accused will show up to court, they look at certain things such as previous failure to appear at court, citizenship, their state of residency, and significant family or community ties. These factors will help show whether or not they are likely to show up for the trial.
Danger to Community
The bigger issue with domestic violence is whether they pose a risk to somebody else whether it is a family member, a third party, or a group of individuals as a hazard in general. The court will review the nature of the charge, whether it is a significant felony or a lower-level misdemeanor, as well as their criminal history. Questions asked will include:
- Have they committed acts of violence in the past?
- Have they been convicted?
- Do they have protective orders against them?
Things of that nature can play a significant role in whether a judge wants to have somebody released, post bond or otherwise.
Conditions of Pre-Trial Release
A judge or a commissioner can require somebody to be on supervised release before his or her court date. They can tell them that they cannot return to a marital home or a home already shared. They can say that they may have no contact whatsoever with certain parties. There are a lot of restrictions that can go there. They can force them to go to counseling, drug treatment, or whatever. All of this can be done before there is even a court date.
If the conditions of the pre-trial release are violated, the judge can order that their release be revoked and they must remain in jail until the day of their court.
No Contact Orders
A judge can also issue a no-contact order. A no contact order means that the accused cannot see nor communicate with the other individual via any means. He or she cannot even use a mutual friend to deliver a message because that is considered contact. However, a person’s family or friend could contact the other person as long as they are not delivering a message from the defendant.
There is an exception for legal proceedings. A person’s Howard County domestic violence attorney, can call the other party and communicate with them concerning what can be resolved. Additionally, the defendant and accuser are allowed to be in court at the same time.
It is important to refrain from contacting the other party involved in a domestic violence charge because not only can the judge revoke their release but also the opposing party can try to claim witness intimidation or tampering and that could be a whole new charge.