What is a Motion to Review Release Conditions?
If someone you know is charged with a crime and they are being held in custody on a high bond, you might be asking yourself is there a way to get the Judge to lower that bond? And, there is a way to get the Judge to lower that bond and I'm here to tell you how.
In a felony case, bond will be set at the arraignment or initial appearance, either in the Justice Court or the Superior Court. Now, most criminal cases start off in the Justice Court and they start off when a defendant gets arrested and has an initial appearance in the Justice Court, and the Justice Court will set the release conditions.
Now, any time a case is transferred to a different court—so, when a case is transferred from a Justice Court to a Superior Court, a new redetermination of release conditions can be made. That motion is filed under Rule 7.2 of the Arizona Rules of Criminal Procedure. It's a motion to redetermine release conditions. A Judge in a motion to redetermine release conditions needs to determine that the defendant is not a flight risk. And, in a motion an attorney needs to present facts as to why a defendant is not a flight risk. They will usually argue a whole range of things. They will argue about the defendant's ties to the community. About the defendant's employment. About the defendant's lack of criminal history. About a defendant's history about not failing to appear for court. All these factors are taken into consideration along with the seriousness of the crime.
A defense attorney could also argue to a court that there is some circumstances or evidence in the case that are in dispute and if there are evidence and facts in the case that are in dispute, a defendant may have more of an incentive to come to court to free their name. So, these are important facts that have to be presented to the court.
Now, sometimes what happens is a defendant has already had this determination of release conditions and the Court may have imposed a high bond. A defendant can still file a motion to redetermine release conditions if there is material facts that was not presented to the court before. Sometimes there's new circumstances that change while a case is proceeding. Maybe witnesses have gone away. Maybe there's been an illness in the family. Maybe there's been some circumstances that have changed so that the defendant is no longer a flight risk. In those situations, another motion can be filed to redetermine release conditions, again, if there is a material fact that was not presented to the court before.
So, if a defendant has a bond that needs to be lowered, a motion pursuant to Rule 7.2 can always be filed before the court.
If you have any questions about a criminal case, please give my office a call. Let's find out if your case is something we can help you with. Call my office at 928-753-6868 or visit my website at HampLaw.com.