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If you are in custody at the time of the FDC, the sheriff will bring you to the courtroom. The judge determines whether a person held in custody can be released on bond.The judge evaluates whether the defendant is a danger to the community or is. The standard of proof in a criminal trial gives the prosecutor a much greater burden than the plaintiff in a civil trial. To put someone in a sheriff's custody. To use a court order to send a person to jail. If a defendant is held in custody, Pen C 825 requires that the O.R. hearing take place within 48 hours of arrest, as with the arraignment. Must hold a pretrial detention hearing and consider the factors enumerated in § 15-13-3(b)(5). If the court sets bail for a defendant. What is a Certificate of Relief from Civil Disabilities and how can I get one?