One of the most commonly asked questions of a criminal defense attorney are when a person can get out of jail. These questions raise many complex issues and usually involve a lot of leg work by a person’s criminal defense lawyer and a bond company.
THE AMOUNT OF THE BAIL
After an arrest a bail is generally set pursuant to a felony bail schedule that is issued by the court. This amount varies depending on what charges a person is being accused of. Once the bail is set a person has a choice of posting the bail at that time or waiting until the court conducts a bail review hearing. At that hearing, a criminal defense attorney can argue for a bail reduction or having a person released on a promise to appear at future court hearings (referred to as release on a person own recognizance or O.R.). It is sometimes a good idea to wait until after that hearing to file a bail because a reduction can save your family thousands of dollars.
Generally a bail is an amount of money deposited with the court to insure that the Defendant in a criminal case will appear for all of their scheduled court hearings. There are a variety of methods by which a person can post bail but the most common method is by using a professional bail agent who posts the bail for them for a fee, which is usually a percentage of the bail (Generally between 5 and 10%). One thing most people don’t know is that these bail bond companies will charge a person less to file their bail if they are represented by an attorney. Also, the requirements to file a bail will be lessened by the company if that person has an attorney. That is why you should contact a criminal defense attorney prior to calling a bail bonds company.
In certain cases a bail company will file a criminal bail without any collateral. Many times however, if the bail is a substantial amount, then some collateral to secure the bail will be required. Usually this is in the form of real property such as a house or other real estate. A lien is then paced on the property which remains until the criminal case is over and the bail is exonerated or released by the criminal court judge. If however a criminal defendant fails to appear for a hearing, an arrest warrant may be issued and the bail may be forfeited. At that point the collateral that was placed for the bail may be taken.
YOUR FIRST CALL SHOULD BE TO A CRIMINAL DEFENSE ATTORNEY
There are many bail bond companies out there and most of them will aggressively seek out a client’s business. Because of the nature of the business it is crucial for a person who is in need of a bail to know who they are dealing with and not become a victim of unscrupulous characters. The first thing a person should do when a friend or a family member is arrested and held in custody for a criminal matter is call an experience criminal defense attorney who will not only make bail arrangements for them, but also fight for their rights and freedom so that they not only get out of jail but stay out. CALL SIGAL LAW GROUP TODAY FOR A FREE CONSULTATION. TOLL FREE AT 888 335-6998