When a person is arrested and charged with a crime, they are brought to a hearing where a judge looks at the details of the case such as the manner and seriousness of the crime, and considers details about the accused like criminal history and the likelihood that they would flee. They consult with a bail schedule (bail guidelines) and set bail.
If you or a loved one has never been arrested, when it happens, it can be scary and confusing, whether you’ve been arrested for a serious crime or a minor infraction. Here are some basics on what happens when you’ve been arrested and how to get out of jail.
Formerly referred to as “Bounty Hunters”, bail enforcement agents are licensed professionals who work with bail bondsmen to recover a defendant who has failed to show up at scheduled court dates and may or may not have skipped town. Often, bail bondsmen are bail enforcement agents and track down the defendant for themselves.
In February of this year, the New Orleans State Insurance Commissioner claimed that local bail bond agents had been regularly charging their clients a 13% premium on bonds issued, 1% higher than the 12% state-mandated limit which could result in refunds from the companies who have been overcharging for years to their clients.
If you or a loved one has been arrested, there are some decisions that will have to be made, one of which is the type of bail to pay. You may be released on your own recognizance depending on the crime, your criminal history, community ties, and other factors that lead the court to believe that you will show up at your court dates to face the consequences of your actions.
Bonds for federal court are Signature Bonds (unsecured bonds) usually signed by a responsible 3rd party (co-signed). A Property Bond is also used in federal court. This is a bond that is secured by property, usually in the form of real estate. It requires a recent appraisal of the property along with a current lot book report from a title company and notarized documents must be filed with the county recorder’s office.
Missing your scheduled court date is not like missing a scheduled dentist appointment. Failure to appear in court is a crime that could cost you money as well as your freedom. Fortunately, if you don’t ignore it and you take steps to fix the problem, you may be able to rectify your situation.
If a friend or loved one has been arrested by ICE, Immigration and Customs Enforcement, it doesn’t mean they’ll automatically be deported. There is help. If someone is undocumented, they still have rights and they most likely will be able to post a bond like everyone else and be released. As with any arrest,…
If you’re lucky enough to be awarded bail and have the means to pay it, you’ll want to make sure you do everything right because if you don’t, you could be sent to jail until your trial. This is the intention of bail―to ensure that you’ll show up for trial and abide by the rules in the meantime.
When making an arrest, police officers need to follow the rules of the law. If they do not, the arrest is not legal and it puts the entire case into question. How do you know if your arrest was legal or not?