Getting arrested can be a traumatic and difficult experience. If you have been arrested you will likely find yourself in jail, awaiting your first hearing. Your main priority will be getting out of jail until you can resolve the matter completely. The judge or magistrate will set an amount of bail that you must post to get out of jail while you are awaiting the resolution of your case. A skilled criminal defense attorney will help you through the legal process and answer any questions you have.
What is Bond?
The purpose of bail is to ensure that you will return to court for your case. If the judge allows someone to leave jail before their case is resolved, they need to be sure that the defendant will return. An initial bond is typically set during booking. You can request a reduced bond at your hearing. When you post a bond, you will get it back later once your case is resolved. If you fail to return, you forfeit the bond you posted. You must post a specified portion of the bond.
Charlotte Criminal Lawyer Brad Smith answers the question: “What are the long term effects of being convicted of a crime?”
Many people do not have the financial resources to post bond after arrest. You may be able to use the services of a bail bondsman. A bail bondsman is a person who charges a fee in exchange for offering surety for their bond. The bail bondsman will pay the bond on behalf of the defendant. These services typically include a service fee along with interest on borrowed money. A defendant may need to provide some type of security for the loan.
In some cases, a person could be released from jail without having to post bond. This is called release on your own recognizance (OR). A judge may allow an OR in situations where the defendant has a limited criminal history and has ties to the community. A person may seek OR because they have career, school, or family obligations. A person with a low flight risk will be more likely to obtain a no-bond release.
Conditions of Release
Sometimes the judge or magistrate imposes conditions on a release. A defendant must comply with the conditions of release, or they could be brought back to jail. Common conditions include staying away from a witness or complainant, travel restrictions, or regular check-in with a supervisor. Home confinement might be required in some situations. In some cases, an ankle monitor might be utilized to provide real-time data regarding the location of the defendant. If a person violates the conditions of release, they will be arrested and likely held in jail for the duration of their case.
What to Do After Arrest
If you were arrested, you can likely benefit from the assistance of a knowledgeable criminal defense attorney. Your lawyer will advocate on your behalf and will work to seek the lowest bond possible. Your attorney will present factors to the judge or magistrate to show that you should be released with a low bond or no bond. The best time to seek legal help is immediately upon your arrest. Contact us today at Arnold & Smith, PLLC, at (704) 370-2828 for all your legal needs
The criminal defense attorneys at Arnold & Smith, PLLC make it their mission to zealously defend their clients on a wide range of criminal matters at both the state and federal levels. These matters may include any charge from traffic offenses; DWI/DUI; drug charges (from simple possession to possession with intent to distribute and trafficking); gun permit denials; weapons offenses; and property crimes (larceny, breaking and entering, robbery, fraud, embezzlement, white collar offenses); to sexually related offenses (indecent exposure; sexual assault, crimes against nature, removal from sex offender registry); and violent crimes (domestic violence; assault; manslaughter; homicide, murder). Other legal issues that Arnold & Smith, PLLC criminal clients may face include restraining orders, restraining order and probation violations, expungements; appeals; and immigration issues related to criminal charges. Our criminal defense attorneys are passionate about ensuring that individuals empower themselves by being informed about their constitutional rights and stand at the ready to fight in defense of those facing criminal charges.
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