District of Columbia Motion to Revoke Bond When Charged with First Degree Felony

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US-02770BG
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This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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  • Preview Motion to Revoke Bond When Charged with First Degree Felony
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FAQ

Research described below suggests that people who lack economic resources?as well as people of color?may be particularly likely to be held in custody while awaiting the resolution of their cases?irrespective of the merits of their cases or their likelihood of pretrial success.

The Bail Reform Act of 1984 authorizes preventive detention by permitting the pretrial incarceration of a defendant who will endanger the community's safety. For pretrial detainees, preventive detention works unnecessary hardship and skews the adversarial basis of the criminal process.

Defendants were less likely to be released if they had a prior arrest or conviction or an active criminal justice status at the time of arrest (such as those on probation or parole). A history of missed court appearances also reduced the likelihood that a defendant would be released.

§ 23?1325. Release in first degree murder, second degree murder, and assault with intent to kill while armed cases or after conviction.

Pretrial Release by the Court. The Penal Code provides four options for pretrial release: release on bail; release on own recognizance (OR); release under supervision; and pretrial diversion.

Defendants charged with a property offense were most likely to be released prior to the adjudication of their case (73%), while defendants charged with an immigration offense were least likely to be released (12%) (figure 1). There were 750,688 pretrial cases disposed during FYs 2011?18.

Defendants charged with violent felonies as defined by Penal Code § 667.5(c), with serious felonies as defined by Penal Code § 1192.7(c), or with specific domestic violence offenses may not be released on their own recognizance without an open court hearing.

In D.C., for example, there is no time limitation for murder in either the first or second degree or for murder of a law enforcement officer or public safety employee. The limitations period for felonies is generally 6 years. Most misdemeanors need to be brought within three years after being committed.

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District of Columbia Motion to Revoke Bond When Charged with First Degree Felony