No contact orders

“Fool me once, shame on you. Fool me twice, shame on me” - the late Carroll County Chief Magistrate Judge Alton P. Johnson

When a person is arrested, they will either receive a “pre-set bond” or must appear before a magistrate judge within 72 hours for a first appearance hearing. Pre-set bonds are available for most misdemeanors and low level felonies. Higher level felony offenses, violations of probation, and domestic violence cases must be addressed by a judge.

Today, most criminal cases fall into either the “alleged victim” or “non-alleged victim” category. Some examples of non-alleged victim cases are trafficking, possession of drugs, DUI (when no one is injured), and illegal possession of a firearm (if it not used.)

The other category is more complex, more emotional, and usually much more serious. Alleged victim crimes range from misdemeanor theft to malice murder. When there is an alleged victim involved, a judge usually needs to inquire into whether bond is appropriate and what conditions would make everyone safe at the first appearance hearing.

Some people accused by an alleged victim of doing something illegal are denied bond at their first appearance. They must wait for a superior court judge to weigh in on bond while they remain incarcerated, yet still presumed innocent by law.

Others are granted a bond after a hearing or by consent of the defense attorney and district attorney. Almost all of these bond orders have one of these two special conditions:

1. NO VIOLENT CONTACT - This one is easy. In most cases, it is illegal to have violent contact with another person anyway. The judge will usually order this provision when there is a first time domestic dispute and the alleged victim and defendant want to reconcile.

They can have any type of contact as long as it is not violent. Ignoring this provision will subject the defendant to having his bond revoked and face new criminal charges; and