365) What happens at an Arthur Hearing? ~ #HaberPA Miami Criminal Defense Bond Heating DUI DV Lawyer
Channel: Michael Haber
Date: 2020-04-26

Thanks for asking me “What happens at an Arthur Hearing?”

Arthur Hearings are kind of like a mini-trials, except that the issue is bond (not guilt), the burden of proof is different, hearsay is admissible, the State can present affidavits instead of live witnesses (of course the defense can subpoena anyone with relevant testimony) and instead of a jury it is the Judge who’s the sole decision maker. 

What happens at an Arthur Hearing is that the State presents what ever evidence that it - in it’s sole discretion - deems sufficient to satisfy the Court that the proof of your guilt is evident and the presumption of you guilt is great.  Because Arthur Hearings are both evidentiary and adversarial in nature your defense lawyer then gets an opportunity to aggressively challenge any and all of the State evidence and witnesses and to present any evidence that’s favorable to the defense.

Even if the State meets it’s burden of proof the defense attorney is still afforded the opportunity to appeal to the Court's inherent equitable and discretionary authority to grant some form of pretrial release (be it bond, house arrest, GPS monitoring... whatever), and this can be done by pure argument or by presenting evidence, such as character witnesses (like family, friends, employers, religious or community figures) who can convince the court that you don’t present either an immediate danger to the community or a risk of flight.

Whether you ultimately get a bond or not, because the State bears the burden of proof there are collateral (side) benefits to conducting an Arthur Hearing.  For example you’ll get to preview the State's case and you’ll also secure sworn testimony from key State witnesses, both of which can be invaluable tools as you prepare to defend what are, by nature, the most serious of criminal charges.  

That said thanks for your question, I appreciate you’re having asked it and I invite you to ask me more.  Please remember that at #HaberPA it’s all about reasonable doubt, and if you like this video then please subscribe to our YouTube channel / VideoFAQ (link below) and we’ll be putting out more soon! 

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At Michael A. Haber, PA "it's all about reasonable doubt"!

Please note that no attorney-client relationship with either Michael A. Haber, PA or Michael A. Haber, Esq. exists as a result of your watching this Webisode series.  Further any and all information which is both contained in and may be construed from this Webisode series is generic in nature and should only be considered as informational and not as actual legal advise in any specific case.  Should you wish to seek actual legal advise then please feel free to contact Michael A. Haber, Esq. as follows:

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