Asked almost 3 years ago - Redmond, WAFlag
was arrested 5 month ago for DUI and have to go to court now. I was just released after being arrested pending the results of blood draw. The results must show drugs. Can they impose a bail at my 1st arraignment
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Yes, bail can be set at your arraignment even though it is some five months after the incident occurred. This is a very normal procedure in King County courts that your arraignment would be this amount of time after the incident.
The setting of bail is not a normal occurrence on these types of cases, especially if this is in Redmond District Court (where posted). It is supposed to be reserved for those who are considered a danger to society or that will not return for court.
The setting of bail will be reviewed and then decided on by the judge if the prosecutor asks for it and the judge will take into consideration the facts of the case and also the person's prior criminal history in addition to the circumstances above.
The person's attorney will also have the opportunity to address this with the judge if it becomes an issue.
Mr. Leo is correct - it's not a usual occurrence - but it IS possible. However - one thing to consider is whether or not you have any prior criminal history. Assuming you don't - then you're likely safe. If you DO have criminal history - you really need to make sure you have a skilled DUI attorney with you at your arraignment. Feel free to call me for your FREE CONSULTATION at 425-424-4901.
Yes, the judge can set bail at arraignment if he or she makes the following findings.
(1) Probable Cause - Before any conditions of release can be set the judge must determine that there is probable cause to believe: (a) a crime has been committed and (b) that you are the one that committed the crime. This is a fairly low standard (MUCH less than beyond a reasoanble doubt) and the judge will likely find probable cause exists. In blood draw cases there are some good arguments against probable case depending on hte facts of the case.
(2) Liklihood to Appear - In setting conditions of realease, such as bail, EHM, alcohol monitoring, etc. the judge is required by court rule to take into account two factors, the fist is your liklihood to appear at your next hearing. Your criminal history, history of showing up at prior hearings and your ties to the community are among the factors for the judge to consider. If the judge is suppossed to impose the minimum restrictions necessary to assure you make your next court appearance.
(3) Danger to Community - The second thig the judge must consider is whether or not you impose a risk to community safety. The judge will consider your history and the alleged facts of the case to determine if the public is at risk by your unconditional release. If so, the judge must again impose the least restrictive option to assure public safety, such as an interlock ignition device or that you abstain form using alcohol or drugs.
If you have never failed to appear at a court date and have sufficient ties to the community (job, family, long-time residency, etc...) then bail is less likely to be imposed. What is more likely is that the judge imposes a number of restrictions on your release. An attorney can help you prepare for this hearing and minimize the potential restrictions. Keep in mind that all of what I have said above depends on the facts of your case and your judge's application of the court rule.
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