Haggan v. State
Haggan v. State
Opinion of the Court
*133Christopher Haggan petitions for an emergency writ of habeas corpus, challenging his pretrial detention without bond. We grant the petition and remand for further proceedings.
Haggan was initially granted and posted bond after his arrest. However, he failed to appear at a trial management conference and the court issued a capias. Almost one month later, Haggan turned himself in and moved to set bond in a facially sufficient motion, alleging, among other things, that his failure to appear was unintentional. The next day, the trial court denied Haggan's motion without a hearing and without making any findings.
In his petition, Haggan argues that the trial court was required to hold a hearing to determine whether his failure to appear was willful, as well as whether any reasonable conditions of release would ensure his future appearances. The State agrees that the trial court should have granted a hearing on Haggan's motion.
After a defendant fails to appear, if he seeks bond and claims that his failure was unintentional, the court must hold a hearing. The court must then determine whether the failure was willful, and whether any reasonable conditions of pretrial release exist. See, e.g., Prokopishen v. State,
PETITION GRANTED.
TORPY, BERGER, and HARRIS, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.