Does a No Contact Order Apply While the Defendant Is in Jail?

When setting conditions of pretrial release in domestic violence cases, magistrates and judges often order a defendant not to contact the victim. Those directives clearly apply to a defendant once he is released from jail subject to those conditions. But what about a defendant who remains in jail? Is he also subject to a no contact condition included on a release order? The court of appeals addressed that issue yesterday in State v. Mitchell. The court in Mitchell concluded that the no contact directive set forth on Mitchell’s release orders (he was charged with more than one crime for allegedly assaulting his girlfriend) applied to Mitchell while he was confined in jail. Thus, Mitchell’s mailing of letters to his girlfriend from jail violated a court order. And because the letters amounted to stalking, Mitchell’s conduct was felonious since there was a court order in effect (the pretrial release orders) prohibiting his conduct. Facts. Mitchell was arrested for assault on a female on December 26, 2014 after he allegedly punched his girlfriend, “Nancy,” in the face. At his initial appearance, the magistrate wrote on the AOC-CR-200, Conditions of Release and Release Order form, that he was “NOT TO HAVE ANY CONTACT WITH [NANCY].” Mitchell’s release was not authorized that evening because he was charged with a domestic violence offense for which only a judge could set pretrial release conditions during the first 48 hours following his arrest. Two days later, a judge authorized Mitchell’s release upon the posting of a secured bond. [...]