An attorney who is in criminal court everyday should know exactly what facts to look for when preparing to address your release conditions.
File a Motion to Modify Release Conditions
This Motion should be filed immediately, especially if you remain in custody under an unreasonable bond amount. Your attorney should know how to do this... and quickly.
Gather helpful data
The Court is more inclined to modify conditions of release if you have no prior felony convictions, or at least no prior violent convictions. Further, you should include information about yourself and your family. For example: are you a homeowner, been in the same job for more than a year, reside in Arizona all your life? etc. These issues speak to stability and availability. Do you have a medical condition that needs constant attention? Are you the sole economic provider for your family? Are you someone else's care giver? Do you have small children? etc. Is someone willing to have you released into their custody? Are you amenable to electronic monitoring? You get the drift. The correct (and honest) answers to these questions will assist the judge in determining whether you should be released or your bond lowered.
Remember the Rule
Make sure to remind the court and prosecutor that the least onerous of terms should be imposed to secure the defendant's attendance at all future court proceedings. So if your bond has been set at $50,000.00 because as a first time offender you shoplifted a roll of lifesavers, then we have a problem.... That would not be the least onerous of terms to make sure you attend court for shoplifting a .75 cent candy roll.
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