What should the court order if no conditions can ensure a defendant's appearance or community safety?

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When determining whether to allow a defendant to be released or detained, the primary considerations are the likelihood of the defendant appearing at future court dates and ensuring the safety of the community. In situations where no conditions can be established to guarantee these two critical factors, the court is compelled to prioritize public safety and accountability.

Detaining the defendant acknowledges that, despite efforts to impose conditions, there remains a significant risk of flight or potential threats to the public. This decision is rooted in the understanding that some individuals may pose a heightened risk, and ensuring their presence during legal proceedings or preventing possible harm to others outweighs the presumption of release.

Other options such as strict monitoring or public defender assignment do not directly address the fundamental issues of ensuring appearance and safety. An immediate trial also fails to resolve the core concerns about whether the defendant will return for proceedings and whether they pose a risk while free. Therefore, when faced with uncertainties about managing these risks, detention serves as the most appropriate response to uphold both court integrity and community protection.

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