Capital Crimes and LIFE Felonies
If you are accused of a capital offense or a LIFE felony, bond becomes a complicated matter.
To get a bond, an attorney must file motion with the assigned trial court judge (not the magistrate judge) and request an “Arthur Hearing”.
During an Arthur Hearing, the prosecutor is required to establish that proof of the crime is “evident” and the presumption of guilt is “great.” This is the highest evidentiary standard in our legal system and is even higher than “reasonable doubt.”
That said, it is not uncommon for defendants to be denied bond when charged with a capital offense of a LIFE felony. In other instances, a judge may grant bond, but set it so high that he/she knows the defendant will never be able to post it and get out of custody.
How to Get Bond on a Capital Offense of LIFE Felony
Hiring an attorney is the first step. Arthur Hearings are complicated, can involve extensive testimony by witnesses, and frankly require experience to be successful. Since a person usually gets one real chance to ask for bond, it pays to hire a good lawyer and make it count.
A criminal attorney will begin by thoroughly reviewing all available sources of information about your case. This will include police reports, an interview with the client, and potentially other sources of information, such as background information on witnesses/alleged victims, review of surveillance video, and other sources of information.
Ultimately, a criminal attorney must spot the pertinent issues, in light of the facts of the case, your criminal record (if any), your ties to the community (if any), the nature of the offense, and put together a bond package that works. In some cases, this means challenging the evidence in the case, in others it may mean stipulating to certain facts and redirecting the fight to dollar amounts and whether or not there should be additional restraints like house arrest or electronic monitoring.
Each case is different – even when dealing with co-defendants who are facing the same or similar charges.
Ultimately, if the prosecutor meets his/her evidentiary burden, the judge will have the discretion to either grant or deny bond. If the prosecutor fails to meet the required evidentiary burden, then the defendant will be released from custody without the need for any bond.