60 days in jail and haven’t seen a judge yet.

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60 days in jail and haven’t seen a judge yet.

My fiance is in Maricopa County Jail and has been there for 60 days. He has yet to see a judge in person and his public defender has not met with him to discuss his case. He also has not completed any tasks that was requested by the judge at the Arraignment hearing. My fiance was arrested for Trafikking of Stolen Property in the Second Degree and has no other priors. Is bond is $15,000 and his defender hasen’t even put in a motion to have his bail lowered. Is this at all legal or even the correct procedures that a defender should follow?

Asked on June 19, 2009 under Criminal Law, Arizona

Answers:

M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If your fiance's case has only appeared on the docket once, at his arraignment, it is not entirely unusual for his public defender to not have 1) met with him in prison, and 2) filed a motion for modification of bond.  Public defenders often meet with their clients in the lock-up at the court during the preliminary stages of the criminal process, until the case proceeds to and/or gets closer to trial.  Moreover, if his public defender were to file a motion to modify bail, that would usually either happen or be heard at your fiance's next court date.  Therefore, it may be a little premature to be concerned about that motion at this time.  Finally, there does not appear to be any reason, based upon the facts that you provided, why a $15,000.00 bond would be inherently illegal and/or unreasonable under these circumstances.


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