Posted on Wednesday, November 20th, 2019 at 12:56 pm
People get arrested every day of the year, especially for crimes like assault and battery, DUI, and drug possession. Just because it’s the holidays, it doesn’t mean the police take a break and stop arresting people. If you find yourself arrested during the holidays and Christmas is getting close, you may wonder, “Can I be with my family for Christmas after an arrest?” Read on to learn more.
Once someone is arrested, they have a one-track mind; all they think about is getting out. In most cases, a suspect accomplishes this by posting bail. Bail is defined by the American Bar Association as, “…the amount of money defendants must post to be released from custody until their trial.
“Bail is not a fine. It is not supposed to be used as punishment. The purpose of bail is simply to ensure that defendants will appear for trial and all pretrial hearings for which they must be present. Bail is returned to defendants when their trial is over, in some states minus a processing fee.”
Setting the Bail Amount
When someone is arrested, the judge decides on how much bail to set. To do this, the judge will consider several factors, including the defendant’s flight risk if any, the type of crime the person is being accused of, how dangerous the defendant is, and the community’s safety. For example, if someone is accused of child molestation and they have a history of sex crimes, their bail will likely be set much higher than it would be for someone with a first DUI offense and no criminal record.
If you are arrested, your first question should be, “How much is my bail amount?” If you’re not able to get in front of a judge right away, you could end up spending up to several days in jail, especially if you’re arrested on a Friday. In the case of a Friday arrest, the earliest a judge may be able to set your bail is on Monday. However, it’s not uncommon for many types of everyday crimes to have a standard bail amount attached, and it’s as simple as paying whatever the attached bail amount is.
If you face charges for a serious violent felony, don’t be surprised if the judge sets an extremely high bail amount, which prevents you from bailing out. Sometimes, bail can be set at a reasonable amount, but the arrestee still can’t afford it. If this happens to you, you will have to wait and ask the judge if he or she will lower the amount at a bail hearing or during your first court appearance.
How do I post bail?
- By paying cash or check
- By signing over your ownership rights to property
- By being released on your own recognizance (no bail required, but you sign a document promising to appear in court when required) the best option
- By giving a bond, which equals the full amount of the bail
When facing criminal charges, especially during the holidays, the last thing you want is to be behind bars, away from your loved ones at Christmas. After all, you’re going to be under a lot of stress and you need their support during the criminal process.
Posted on Tuesday, July 23rd, 2019 at 12:51 pm
Under the Fifth Amendment to the U.S. Constitution, you are protected from making self-incriminating statements. That means you do not have to testify against yourself if something you say might implicate you in the crime you are being investigated for.
In 1966, the United States Supreme Court ruled, in Miranda v. Arizona, that your Fifth Amendment protection extended to instances when law enforcement officials take you into custody and interrogate you. Before the police begin questioning you, they must read your Miranda rights: “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to have an attorney present. If you cannot afford an attorney, one will be appointed to you.”
If police arrest and interrogate you, you can invoke your rights and politely refuse to answer their questions. Even if you started answering, you could plead the Fifth at any time. Once you let them know that you will no longer be providing information, they must honor your request and cannot force you to answer their questions.
Inadmissibility of Statements
In Miranda, the court decided that a person cannot voluntarily and knowingly waive their rights if they are not fully aware of them to begin with. If the police failed to read your Miranda rights and moved forward with an interrogation, any statements you provided may not be used as evidence against you in court. However, if you invoke your rights, but continue to answer questions, the responses you give could be presented at your trial.
Right to an Attorney
The Miranda Warning also informs you of your right to legal counsel. During an interrogation, you can let officers know that you will not answer questions until your lawyer is present. They must stop the questioning and wait until your attorney arrives before continuing.
When Police Must Mirandize You
Officers are required to inform you of your rights only after they have taken you into custody. If they have not arrested you, they are not required to let you know you can remain silent. Any answers you provide during a pre-arrest interrogation could be used as evidence against you. However, although police do not need to read your Miranda Rights before making an arrest, you are still protected under the Fifth Amendment, and you can politely decline to answer their questions.
For Effective Legal Defense, Contact the Morris Firm
Our attorney has over 10 years of legal experience, which has been focused almost solely on criminal defense. Having litigated thousands of cases, we have an in-depth understanding of the trial process and the laws that govern your rights. When you hire us, we will ensure that law enforcement has not, or does not, violate your constitutional protections.
We are dedicated to protecting your freedom and future. To speak with our lawyer, call us at (850) 503-2626 or contact us online.