No. of Recommendations: 2
Indeed. But in that circumstance, pre-trial detention is always going to be possible. Even in California, when someone is accused of a violent felony, a judge can order pre-trial detention. In your hypothetical case, the defendant is going to be charged with at least aggravated assault and battery, and probably attempted murder. In any jurisdiction, pre-trial detention will be available in that scenario. Of course, the prosecutors still have a burden to meet. In most states, they still have to prove to the judge's satisfaction that they're likely to prevail in the criminal trial and that other forms of pre-trial restrictions aren't sufficient to protect the public. It's not automatic. But the judge will always have the ability to order pre-trial detention under those charges, where those factors have been met, in any state. = albaby
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Thanks albaby, there is some comfort in knowing that.
However it seems that in today's woke environment, judges are reluctant to impose pre-trial detention or local governments have restricted its application, or local prosecutors don't do their part.
I see news reports all the time about some savage attacking an innocent and it comes out he has a lengthy record of prior violence and is out and about as he is awaiting trial for a couple more felonies. One here is Houston was actually wearing an ankle monitor as he attacked and killed someone.
