In the time leading up to a criminal law trial, a defendant being charged will usually either be held on bond with the possibility of release or held under the “presumption of detention.”
Definition of Presumption of Detention
Presumption of detention means that a defendant will be detained leading up to his or her trial unless he or she can produce any significant evidence showing that, should he or she be released, they will not prove a danger to the community.
This can prove to be easier said than done, especially in child pornography cases or other crimes where a release on bond could put others in the community at risk. However, there are ways to avoid presumption of detention, especially if it was a one-time offense where others were not hurt.
Read further to learn more about overcoming a presumption of detention in a child pornography case.