October 2019 Bar Bulletin
Judge Sean O’Donnell fills in for Judge Rogers this month
Yoda is right about the future. Fortunately, when it comes to criminal cases and how pretrial custody decisions are made, there are constitutional principles, case law, and a court rule that help guide trial judges through the difficult choice of whether to release or detain someone before trial.
The most common, persistent and simply wrong assumption people make is that the default for someone charged with a crime is that they will be (or should be) held in jail before...