Bail Revocations - 802 WarningsRoutinely, when the accused is arraigned they are given an 802 warning at the request of the prosecutor or judge. This warning states that if the defendant should be rearrested during the tenancy of their open case, they may be held up to sixty (60) days in jail without bail. Assistant District Attorneys are trained to move on these revocations as a matter of standard practice. This practice is meant to insulate the District Attorney's Office from political fallout if a defendant should go out and commit a new offense. The logic often is it is that it's better to be safe than sorry. If you are rearrested while you have an open case, there is a high likelihood the District Attorney will move for your revocation.
Just because the District Attorney asks for a revocation does not mean the Judge will automatically allow it. In order for a revocation to be allowed, the court must find: (1) that there is probable cause to believe that a new criminal offense has been committed and (2) that the release of the defendant will seriously endanger another person in the community. This second element is often glossed over by prosecutors and can be a point of attack for a good defense attorney. When faced with maintaining your liberty or being sent to jail and incarcerated for sixty days, you should have an attorney who knows why 802 revocations are allowed, how they are executed, and how they can be defeated. |
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