People v. Silva

Defendant appealed from the denial of pretrial release arguing that the State failed to show that he committed the charged offense, that he posed a real and present threat to the safety of any person in the community, that no set of conditions could mitigate any threat of safety, and that no condition would reasonably ensure his appearance. Defendant also argued that he did not receive a fair hearing because his motion was not heard or decided on within the time frame established by statute. The appellate court reversed and remanded, finding that the trial court’s delay in issuing its ruling constituted a clear abuse of discretion and noting that the defendant had already been subjected to a lengthy period of detention. The appellate court also found that the trial court failed to make sufficient findings as to why less restrictive conditions would not mititgate a real and present threat to the safety of any person or persons in the community. (HUTCHINSON and JORGENSEN, concurring)