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Pretrial DisclosuresModification PDF LearnTheLaw Org Form

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the final matter to be addressed under rule 5 is whether the defendant should be released or detained pending the trial as you can see from the flow chart this determination can be made more than once in the process the decision is based on the same statute regardless of whether it is made at the initial appearance or at the arraignment you must apply the provisions of the bail reform act of 1984 contained in title 18 of the united states code the act requires every accused to be released without posting bail or meeting special conditions of release unless the judicial officer finds that the defendant is likely to flee endanger the safety of any other person or endanger the community in such event the magister judge must impose the least restrictive further condition or combination of conditions that will reasonably assure the defendant's appearance and the community's safety if the defendant is released before trial on conditions you must sign an order setting conditio

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