The commencement is the primary court proceeding where a accused person is informed of their charges, and typically pleads “Not Guilty”. If the accused person is released on bail, they will remain out of custody unless the district attorney establishes to the court that they are at risk of fleeing or not appearing. In simpler terms, the prosecutor must explain to the judge why the accused person should be re-arrested when they have already voluntarily appeared in court after posting bail. The burden of proof clearly rests on the prosecutor, and bail is increased in situations where the accused person is on probation, new charges are filed, or the origin of bail funds are linked to illegal activities.
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