Ads 468x60px

Tuesday, October 8, 2013

Indispensable Facts on Bail to Get Out of Jail

Bail to Get Out of Jail
Even just for a day or two, it is unlikely that an accused being defended by dui lawyer Orlando would prefer to spend time in jail as a consequence of committing a particular offense. The reason is not only the stigma but likewise the difficulty of securing a job when the matter is put on one’s criminal record. Worse yet is the fact that imprisonment can only be one among other penalties which may be imposed by the court; as such, it is crucial for the defense lawyer to have well-founded stand during the trial to lower the possible sentence. But prior to the court hearing, it is necessary to post bail for the defendant to temporarily stay out of jail pending the case litigation; below are the indispensable details relative to that:

Purpose and Setting of Bail 

Bail is not per se a payment for the person not to suffer the penalty as its primary purpose is serving as an option for the defendant to temporarily stay out of jail after the arrest. It can be in the form of cash, property or bond that is given to the court for the assurance of having the presence of person during the trial upon formal order. If in case the accused fails to attend during the hearing, the court will keep the bail and issue warrant of arrest to detain him/her. Meanwhile, the judges have the responsibility of setting bail based on the schedules set forth to serve this purpose. But if the defendant cannot afford the amount required, the recourse is asking the judge through top criminal lawyers to lower such during the bail setting hearing or first appearance in court.

Paying Bail

There are certain forms of bail which may be utilized by the defendant to immediately go home after the arrest; they generally include (1) cash or check for the total sum of the bail amount, (2) property amounting to the payment required, (3) bond or guaranteed payment of the full amount, and (4) waiver of payment on the condition that the suspect will appear in court at the required date. If you opt for bond among other options, keep in mind that it may be more costly in the long run. This is particularly because upon paying the bail bond, you will also be required to satisfy the financial interest specified by the bond seller in the properties involved. Nonetheless, when the amount of bail is already paid, it would be refunded when the required court appearances have been made and the case is over.

Typical Conditions of Bail

When allowed to go home after the arrest, it does not mean that the suspect can freely do whatever s/he desires to. One ought to abide by the conditions of releases which typically include obeying all laws and not contacting or getting closer to the complaining witnesses; these, however, may still depend on the evaluation of the judge and/or the rules in a particular jurisdiction. In instance where the conditions are violated, the bail can be revoked by the judge and the defendant without crime lawyer would be re-arrested and incarcerated. 

Release on Defendant’s Own Recognizance

In case of incapability to pay the amount of bail, the defendant and his/her dwi defense lawyer have another good option: to request for releasing on personal recognizance. This is done by simply promising to be present in court when required to do so; however, for this petition to be granted, there are certain factors considered by the judge: (1) family background of the defendant, (2) years of residence in certain community, (3) employment, (4) criminal record, and (5) previous cases in which the accused is also involved. But if the request is denied, the only option left is to have it lowered by asking the same authority for the reason of insolvency.

Upon landing in jail after your DUI arrest, the best recourse is posting bail immediately so as not to stay there any longer and then consulting best criminal lawyer to ensure adequate legal representation


Post a Comment