I recently posted bail for a criminal offence. This will be my very first court appearance. Is the Bond Hearing my Advisement? Also, at this hearing, will the DA offer a plea bargain (if any) and will I have time to make a decision to accept the plea?
Typically, no, a bond hearing is not the same as an advisement. If this is your first ever appearance, this may combine both events, especially if there's a victim in your case. No, you should not expect the DA to be ready with a plea offer this early but you should ask for an offer though. Yes, you should have time once given the terms and conditions of a plea offer to review them. I suggest you do so with a criminal defense attorney and, if you are not a US citizen, make sure you chat with an immigration attorney too (or, better yet, one who can cover both areas). You don't want to plead to something that may get you automatically deported.
1 lawyer agrees
Criminal Defense Attorney
Because you were arrested, you had a right to a bond hearing. This allows the court to look at your history and the alleged crime and set a bond amount. The court already set a bond amount and since you already bonded out, you no longer need a bond hearing. The Court should have an information or complaint for you at the bond hearing, if you haven't already gotten it. More likely than not, the District Attorney will not have an offer ready for you so you will have to return back to court. And yes, even if the DA did have an offer ready and you needed time to consider that offer or consult with an attorney, you can request a continuance.
2 lawyers agree
Criminal Defense Attorney
No - an advisement is typically your first court appearance after an arrest whey you are advised by the court of the charges against you and possible penalties. A bond hearing is typically a separate proceeding where you ask the judge for a reduced bail amount and must be requested at the first court appearance.
The plea bargaining process varies from jurisdiction to jurisdiction. Contact a qualified defense attorney with experience practicing in Denver/Arapahoe County to discuss further.
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