Montgomery County Gun Arraignments
Following a gun offense arrest, individuals are often booked, processed, and detained while they await arraignment. Arraignments are often people’s first time in court. It is during the arraignment that the judge determines whether you are eligible for release or not, and how much bond you have to post. If you want to know more about Montgomery County gun arraignments, speak with a knowledgeable gun lawyer that could answer your questions. Contact a skilled attorney and know that you are in capable hands.
Likelihood of Judges Releasing People on Bond
Judges can release people on bond for gun-related charges depending on the person’s criminal history and the circumstances of the case. As an example, a person in possession of a gun who is the lawful owner of that gun and has no issues in the past with respect to possession of that gun can be released by the commissioner.
On some occasions, the person is not required to post any financial guarantee. On the other hand, a person accused of possession of a handgun that is stolen or recently used in the commission of a crime like an armed robbery has a different conversation regarding bond. That circumstance depends completely on the individuals responsible for handling the case.
Important Factors Judges Look for in Gun Arraignments
At Montgomery County gun arraignments, judges look at the circumstances of the case including aspects like whether there were any injuries, whether the gun was stolen or not, and whether the gun was altered in some way. For instance, if the serial number was not intact. The most important factor is the person’s criminal history and whether they pose a continued danger to the community or they are a good risk to be released pending their trial.
Danger to the Public
People charged with gun offenses can be considered a danger to the public based on their criminal history or based on the facts and circumstances of the case before the court. Perhaps a person is charged with the use of a handgun in the commission of some other crime such as an armed robbery or an assault. That person is considered much more dangerous than a person in possession of a handgun and an expired concealed carry permit.
Ways an Attorney Could Work to Convince the Judge that a Person is Not a Danger?
During Montgomery County gun arraignments, attorneys may convince a judge that the person is not a danger by highlighting the facts and circumstances of the case. Lawyers could put the case into context for the judge by further expanding on and contextualizing information that was in the police report. They can inform the judge of the person’s community activities such as home ownership, employment, and family obligations such as children or a spouse that need their financial support and need them to continue working rather than being incarcerated. These things are important for a judge or a commissioner to know about before deciding on a bond.
What Does it Mean to be a Flight Risk?
A flight risk means that a judge or commissioner believes the person is unlikely to return for their court date. The determination is made after the judge hears arguments from the defense and prosecution about the reason that one might be a flight risk. For example, if a person is not a US citizen or is financially well-off and has the means to flee the country.
Prosecutors and courts become concerned when a person has a history of failure to appear before the court. The judge has a record of any prior failures to appear the person engaged in where they did not appear before the court on prior occasions. A decision can be made about whether that might indicate a person is a risk for a flight for some future court appearance.
Value of a Montgomery County Gun Attorney
Many of the prosecution and courts concerns about a person being a flight risk could be counteracted by a defense attorney who could tell the judge perhaps to satisfy the court, that the defendant is willing to turn over their passport upon release so the court does not worry about the flight. The attorney could suggest a large dollar amount to secure the person’s release so their finances are tied up and they have less financial means to be a flight risk. There are always opportunities to argue any point a prosecutor makes with respect to the possibility of flight.
An experienced legal advocate could help individuals show that they are not flight risks during Montgomery County gun arraignments. Those who have been charged with a gun offense should speak with a skilled lawyer that could help.