Can someone be released at a felony status conference ?
4 attorney answers
I am sorry your family is going through this tough situation. And I wish you all the best. At the FCH, the defense attorney can make arguments on his behalf, but the primary consideration will be whether or not he is a flight risk. Whether or not the case is dismissed, which would result in his release, is in the discretion of the prosecutor (or maybe the judge if a motion to dismiss is granted). Good luck to you and your family.
This attorney's answer does not constitute legal advice and does not create an attorney-client relationship. Contact a competent attorney in the relevant jurisdiction for legal assistance with the above noted matter.
Rules for criminal cases vary from state to state but generally speaking a status conference is not a hearing and so there is no real consideration of evidence. However, if the prosecutor decides the case lacks evidence they can dismiss at any time. The prosecutor does not have to wait for a court date or proceeding to do so. Your child’s father needs an experienced criminal defense attorney who should be able to tell you about the likelihood of the case being dismissed or not.
If there is a Felony Status Conference scheduled in his case, it is likely that there is evidence, as he would have already had his Preliminary Hearing where he could challenge any lack of evidence. If there was "no evidence" then the case would have been dismissed at the Preliminary Hearing. Now he is at the next step, which is the Felony Status Conference.
A defendant can make a motion to modify bond (seek release, or reduction of release conditions, if already released) at any time. This can be done orally at any hearing, or by motion in between hearing dates. If a motion is filed, the judge will typically set a special hearing date to litigate the motion.
A defense attorney should file a written motion to modify bond in advance of any hearing so that the government has time to respond and so that the court has time to review the matter thoroughly in advance of the Felony Status Conference, particularly in cases where a person is presented on, or charged via indictment with, a dangerous crime or crime of violence (Robbery is both), as it may be difficult for the defense to effectively rebut any presumption of dangerousness or flight risk, and articulate a well-thought-out release plan that will alleviate the judge's concern for the safety of the community, if the motion is made orally to the judge on the spot. And no matter how well an attorney articulates their argument, judges do not like to rule on serious matters like release without taking their time to carefully consider the request. In fact, in many cases where an oral motion for release or modification of conditions of release is made the judge may deny it, or defer on ruling on it, and instruct the defense attorney to file a motion.
I strongly doubt he will be released during a "status conference", which is really for the attorneys and the judge.
If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. Fluent in 7 languages. Certified Specialist in U.S. Immigration & Nationality Law, The State Bar of California, Board Of Legal Specialization. 23 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
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