Greenwich DUI Bond and Motion Hearings
Greenwich DUI bond and motion hearings are part of the arrest process for those accused of driving under the influence.The bond processis often associated with someone’s pre-trial release. A pre-trial release is the release of the accused prior to their trial date. The person is allowed to re-enter society and live life as they normally would.
When someone is released from a DUI arrest, they usually get the notice of their rights, the bail receipt, and a copy of the breath test result if they took one. As soon as possible, anyone accused of operating a vehicle while intoxicated should speak with an established DUI lawyer.
Understanding the DUI Arrest Bond Process
When someone does not make bond and they are being held by the court, an attorney can ask the court to have the bond lowered to something reasonable that the person is able to make so they can be released.
The bond amount is determined by a variety of factors such as a person’s ties to the community, the severity of the crime, associated injuries, whether it is their first offense, and if they are a flight risk. The first person who sets the bond is usually the police officer. The judge sets the bond when there is a warrant.
Posting bond for a DUI bond can be posted to the Greenwich Police Station. If they are not able to post bond, they are brought to court the next day. Lower bond amounts will also be posted to the police station. However, it can be beneficial to speak with an attorney before Greenwich DUI bond and motion hearings are put into place.
Implications of Not Complying With Pretrial Release
Not complying with a pretrial release can impact the severity of Greenwich DUI bond and motion hearings. When a person fails to comply with the conditions of their pre-trial release, the judge can order the person to be re-arrested and raise their bond. They can also receive an additional charge of failure to comply with conditions of release.
What Is a Motion to Dismiss?
A motion to dismiss is a motion asking the court to throw out the state’s case because they do not have enough evidence to go forward. An attorney files a motion to dismiss in a case where the state does not have enough evidence to go forward but they continue to do so.
Circumstances Leading to a Motion to Dismiss
A lawyer commonly files a motion to dismiss when they cannot get the state to agree to drop a charge and they believe there is not enough evidence to go forward. A hearing is set in front of the court after the motion is filed. Both the state and defense have an opportunity to argue to the judge who makes the final decision on the motion to dismiss.
What Must the Motion Include?
Information included in the motion to dismiss is the evidence the state has, evidence that the defense presented to the state, any additional facts about the circumstances of the case, and arguments as to why the case should be dismissed.
Benefits of Speaking With an Attorney
It is very important to hire an attorney as soon as they can to properly prepare for Greenwich DUI bond and motion hearings. Having a lawyer by your side can possibly help you preserve evidence, identify witnesses and evaluate the police procedures relevant to your case.
It is important to have a lawyer take care of the drafting and filing of the motion to dismiss in order to address the many legal rules and laws that must be followed.