Criminal Cases

An accused usually obtains pre-trial release immediately after his arrest.  The person usually is taken before a judicial officer for a first appearance within twenty-four hours of his arrest.  This requirement applies only to an accused who is still detained; an accused who has obtained pre-trial release is not afforded a first appearance.  

A defendant has the right to bail in all cases not involving capital or life offenses.  A person accused of a capital offense or an offense punishable by life imprisonment for which the proof of guilt is evident or the presumption great is not entitled to bail as a matter of right.  

The court may deny bail when a person has been charged with committing a dangerous crime.  The following offenses may be considered as “dangerous crimes:”

1. Arson;
2. Aggravated Assault;
3. Aggravated Battery;
4. Illegal use of explosives;
5. Child abuse or aggravated child abuse;
6. Abuse of an elderly person or disabled adult or aggravated abuse of an elderly person or disabled adult;
7. Kidnapping;
8. Homicide;
9. Manslaughter;
10. Sexual battery;
11. Robbery;
12. Carjacking;
13. Lewd, lascivious or indecent assault or act upon or in presence of a child under the age of 16 years;
14. Sexual activity with a child who is 12 years of age or older but less than 18 years of age, by or at solicitation of person in familial or custodial authorities;
15. Burglary of a dwelling;
16. Stalking and aggravated stalking;
17. Act of domestic violence;
18. Attempting or conspiring to commit any such crime;
19. Home invasion robbery.

The speedy trial rule requires that an accused person be given a trial within a pre-set speedy time. A person accused of a misdemeanor must be brought to trial within ninety days. A person charged with a felony must be tried within one hundred and seventy-five days.

A defendant does not have a right to a jury trial in traffic offenses. The exception is when the person is charged with a DUI offense. Twelve persons shall constitute a jury to try all capital cases, and six persons shall constitute a jury to try all other criminal cases.