Case Study: Preliminary Hearing
I am sorry to hear of your son Prince’s predicament as discussed in our phone call earlier today. As you advised, he has been arrested on a charge of rape, with a bond set at $150,000 following his Initial Appearance. I have discussed the situation with my colleague Mr. Will Getimoff, a highly regarded local Criminal Defense Attorney, and I recommend that you immediately engage him to represent your son in this case. Below please find a brief summary of the steps that will need to be taken in order to get Prince out of jail in an expeditious manner. During his Initial Appearance, the magistrate will have set a Preliminary Hearing date during the next ten days, assuming Prince did not waive this right. I have requested a copy of the Initial Appearance form from the
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This should be heard in conjunction with the Preliminary Hearing. The sources of any monies or collateral used to post bond must be shown to be legitimate. The burden of proof is on us to show those sources clearly. Although there is not an official form or questionnaire in Tennessee to document these sources, please review the form at http://www.nj.gov/oag/dcj/njpdresources/pdfs/bail-source-inquiry.pdf, as you will need to gather similar information in preparation for the hearing.
In addition, it may be appropriate to file a motion to reduce the bail amount, which will also be heard at the Preliminary Hearing. The judge will consider multiple factors to reduce the amount, among them being length of residence in the area, family ties and relationships, prior criminal record, responsible members of the community that will vouch for Prince, and any other factors generating a risk of failure to appear. However, the bail amount of $150,000 is not unusual for a crime of this type, so I will defer to your opinion as to whether you wish to pursue this
This should be heard in conjunction with the Preliminary Hearing. The sources of any monies or collateral used to post bond must be shown to be legitimate. The burden of proof is on us to show those sources clearly. Although there is not an official form or questionnaire in Tennessee to document these sources, please review the form at http://www.nj.gov/oag/dcj/njpdresources/pdfs/bail-source-inquiry.pdf, as you will need to gather similar information in preparation for the hearing.
In addition, it may be appropriate to file a motion to reduce the bail amount, which will also be heard at the Preliminary Hearing. The judge will consider multiple factors to reduce the amount, among them being length of residence in the area, family ties and relationships, prior criminal record, responsible members of the community that will vouch for Prince, and any other factors generating a risk of failure to appear. However, the bail amount of $150,000 is not unusual for a crime of this type, so I will defer to your opinion as to whether you wish to pursue this