Madison County's process is as follows. If the state files a low level felony charge they normally request an arrest warrant with the subject to be released following processing. Conditions are placed upon that person to appear in court. In some cases where there is a individual victim the state may also add a no contact condition as part of the pretrial release. If the state believes it is necessary to detain a subject based upon the seriousness or if there is a criminal history or risk of flight they file the new charge, request a warrant, and file a petition to detain. The subject is apprehended on the warrant and brought before a judge. The initial appearance occurs where the judge advises the subject of the charge and sets the matter for hearing within 48 hours. Normally the hearing is the following date. At the hearing the court is made aware of the risk of flight, nature of the charge, circumstances argued by the state for the necessity of detention and some of the incident report is read into the record in the form of a proffer. The defense then may present some evidence (rules of evidence don't apply during these hearings) and makes argument for release. The court rules that either the subject is detained or released with conditions. Some conditions that are commonly used are: no contact orders, ankle monitors, travel restrictions, seizure of passport, and order to appear in court as required. Under the new system a person is either released or kept in custody pending trial.
St. Clair - the above procedure applies. There is one important difference. A client may surrender themself to the court without any advance notice to the state. The court will apply conditions and order release if no petition to detain will be filed by the State. This is very convenient as the person does not need to turn themselves in and spend a day or night in jail prior to the first appearance.
