QUESTION
Do I have the right to counsel at an initial bail hearing?
Asked on Jan 10th, 2013 on DUI/DWI - Colorado
More details to this question:
A few months ago I was arrested for DUI. As is common - or so it seems - I was never made aware of my rights. I spent the night in lockup and was put in front of a judge via video conference to determine bail. I had still not been informed of my right to counsel even during the initial bail hearing. Do I have the right to an attorney at my initial bail hearing, even via video conference? And if so, was my right to due process violated by not allowing me to retain counsel or obtain a public defender prior to the initial bail hearing?
1 ANSWER
3 Awards
You can have counsel, but if you wait until you have counsel, you might have to stay in jail without possibility of posting bond until you can get an attorney there often, the judge sets a bond or even releases on personal recognizance - why would you want to delay that but - if the court sets bond conditions or a high bond that you do not like, you can have a second bond hearing with counsel later.
Answered on Jan 14th, 2013 at 7:27 PM