Initial Appearance in Gilbert Court

Following a Gilbert DUI arrest or criminal charges, you will be taken into custody. It is highly recommended that you arrange for a consultation and retention of criminal defense attorney to represent you in your matter. The “Initial Appearance” is your very first court appearance after the arrest. It will be very brief. This is where the judge informs you of your criminal charges, and sets Release Conditions. In some cases you will want your attorney to file a motion to modify release conditions if they are too harsh, unfair, or unreasonable.

Release Conditions – The Judge’s Considerations for Release Conditions

Release conditions are set by the judge for the purpose of assuring you will appear for your next court date. The judge will consider numerous factors before setting your Release Conditions. Some of these factors include but are not limited to the following:

• Seriousness and nature of the criminal charges;
• Classification of the charges (felony verses misdemeanor)
• Permanent verses Temporary Residency;
• Family ties;
• Employment ties;
• Citizenship;
• Your financial resources;
• Victim involvement;
• Flight risk issues;
• Safety of the community if you are released;
• Other factors depending on the charges

Types of Release Conditions 

1)      Release on Own recognizance (OR) – You can be released on honor system with the understanding and you will appear for your next court date with no conditions;

2)      Release on Bond – Your release will be contingent upon posting of a bond. This is a specified dollar amount you are required to post for assurance that you will return for your next court date. Depending on the amount, you may arrange to post it through a Bail Bond Company or Bondsman. In this event, you would need to provide collateral and a fraction or percentage of the bail to them. Then the Bond Company pays the entire bond to the court.

3)      Release to a Third Party – You may be released to a third party such as parent, in the case of a juvenile, or other competent adult who will be responsible for making sure you return to appear for your next court date.

4)      Pre-trial Services –Pre-trial Services are county, state, government programs, or non-profit agencies that assist the court in making bail bond or release condition decisions. Among other things, they provide risk assessments, evaluations, and recommendations to the court regarding your release conditions. Sometimes they will recommend and provide supervised release of the defendant to the program. They work closely with the court and the defendant to assure the defendant is not a threat to the safety of the community. They are responsible for making sure the defendant appears for their next court date.