If the defendant is unable to post the standard bond amount or if the crime for which the accused has been arrested, such as murder, rape, robbery or kidnapping, is not included in the standard bond list, the defendant will go to a first appearance hearing within 24 hours after arrest. This is called a magistrate hearing. At the magistrate hearing the judge will set the conditions if any, for release of the defendant from jail. When a person who is accused of a crime has sufficient roots in a community to ensure that the person will return for trial, the judge may release the accused on his own recognizance pending judicial proceedings. This means the accused does not have to post bond.
Some defendants can post bond prior to the hearing, based on certain conditions.
Defendants may be prosecuted for domestic violence crimes without the victim. Victims and witnesses are not required to be present at this hearing but you have the right to attend, and to make the judge aware of our feelings about the release of the accused if you desire to do so. Magistrate hearings are held each morning. If you wish to speak to the Assistant State Attorney, you must indicate that to the Court Deputy or the Victim Witness Advocate in the magistrate room. The Court Deputy will then inform the attorney that you are present and wish to make a statement.