The charges, and consequently the possible sentence, an accused faces clearly dictate whether and under what conditions an accused may be released. Unless charged with a capital offense or an offense punishable by life imprisonment, and the proof of guilt is evident or the presumption is great, every person charged with a crime or violation of a municipal or county ordinance is entitled to pretrial release on reasonable conditions. If no conditions of release can reasonably protect the community from risk of physical harm to others, assure the presence of the accused at trial, or assure the integrity of the judicial process, the accused may be detained. There is no rule, however, that prevents an accused from asking for a bond, even if he or she is charged with a capital offense or an offense punishable by life imprisonment, and the proof of guilt is evident or the presumption is great.
Since the facts of a particular case impact the type and severity of the charge(s) as well as the sentencing options, specific legal and strategic concepts that impact a particular case should only be obtained through consultation with an attorney.
