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The Champion

September/October 2003 , Page 30 

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Pretrial Release: Community Ties in the 21st Century

By Douglas Trant

Ever since defendants have historically been entitled to bail, courts have considered community ties as a factor in determining whether to release the defendant and on what conditions. Community ties continue to be an important consideration in the state and federal courts of this nation.It is how community ties are defined which is undergoing an evolution in the courts of the United States.

In these days where we are becoming a global community, mobility within the United States is frequent and vast. It is now easy to find individuals by use of the Internet and easy to transfer individuals from one state to another or from federal district to another for trial. All the prosecutor needs to prove is that there is a valid charge against the defendant in the seeking jurisdiction.2 

While historically, courts considered ties to the community in which the defendant was charged as important to ensure his presence at trial, that historical basis is now subject t

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