We discussed the history of pre-trial detention in Part 1 of this series and in Part 2 we’ll discuss what happens next.

After a defendant is charged with a felony crime, the Defendant will appear at their first appearance, where the Court will set conditions of release. The majority of the time, the State, and it is the State’s duty to file, will fill their motion for pre-trial detention before or at the first appearance. Note that the State can file a pre-trial motion even if the Defendant is out of custody, but we’ll focus on the more common situation of a Defendant having been arrested and in custody at the time of the first appearance.

The State’s motion for pre-trial detention must be filed in either the magistrate or metropolitan court where the case is pending along with the district court in the county the case is filed in. The motion is basic, in that it outlines the pending charges and why the State believes the Defendant should be held through trial. It will be the State’s contention that they can prove ” by clear and convincing evidence that no release conditions will reasonably protect the safety of any other person or the community.” If the case is pending in magistrate or metro court and the judge finds there is probable cause (maybe a crime happened and maybe you did it) the Defendant remains in custody until the pre-trial detention hearing. If no probable cause is found, which is rare, the Defendant is released on their own recognizance, but the case is NOT dismissed.

In the next part of this series, we’ll explore what happens at a pre-trial detention hearing.