Category: Blog

The beginning of the formal criminal process generally begins with an arrest. This can happen either by a warrant (authorization to “seize” you by law enforcement) or by an on-the-spot arrest (generally issuing a citation or citations). So now you are in jail. What now?

For minor misdemeanors resulting in arrest, some bail amounts are pre-set at the jail. That means you do not have to appear before a magistrate to have a monetary amount set. However, for most misdemeanors and all felonies, you will appear before a magistrate judge to determine whether to release you from jail pending court and under what conditions of release (generally money and/or no contact orders). This generally happens between 24 to 48 hours of arrest.

You are entitled to have a lawyer present at this hearing to argue for your release under “reasonable conditions.” This is even more important for serious crimes. Important practical considerations to the bail question are:

• Criminal History: the worse your history, the less likely you are getting out or the highest your bail amount.
• Ties with Community: it helps to live, have family, and work in the local area.
• Severity of the Crime: obviously, the more severe the crime, the more difficult it is to obtain bail. Nevertheless, even people charged with serious crimes are granted bail, so don’t through the towel in with a serious charge.
• Hire a lawyer! In my opinion, showing up with a lawyer shows the District Attorney and Judge that you mean business regarding the charges and are prepared to defend yourself. Lawyers can be convincing people to judges if they are on the fence.

So if bail is set, what then? You can post your BOND two different ways. First, you can post the entire amount of the bond. At the conclusion of your criminal case, you will get all of this money back! Second, if you cannot post your entire bail, then you can use a bondsman. You generally will pay the bondsman 10% of the bail amount, and they will secure the rest with the court under “bond.” Friends and family members can post bonds for you, as well.

What if bail is not set? It depends. Call our office immediately to discuss, because there are many different aspects that may affect future bail requests.

Military Personnel: Generally, your chain of command or MP’s can come and get you immediately. This is called being returned to military control. This could save you some money, but alert your command to potential misconduct.

Probation is a very real sentence. Probation puts a defendant under the court’s strict supervision, through a probation officer, for a certain period of time. Most of the time, whether dealing with a felony or misdemeanor case, a probation sentence means you avoid jail time. Many defendants do not take probation seriously, though, and end up having the probation officer file a complaint against them seeking to revoke the probation. If this occurs, you can be assured that the defendant will spend the remainder balance of the probated sentence in jail. A lawyer can represent you at your probation hearing and argue against revocation. Here are a few tips to avoid common pitfalls for defendants on probated sentences.

• Not paying fines. Many defendants are revoked on probation for not paying their court ordered fines and court costs. It is FAR better to pay something than not pay anything at all. The court wants to at least to see an effort. Therefore, make sure you pay something!
• Don’t commit new crimes. This seems like a no-brainer, but it’s probably the most common reason for revocation. Traffic violations generally won’t get you revoked, but other misdemeanors or felonies can. If you are charged with a new crime while on probation, contact an attorney immediately to prepare to fight the revocation!
• Report to probation! Don’t miss your probation meetings. Probation officers are busy folks and the more you comply with probation, the more likely they are going to treat you favorably. No matter how bad things get in your life, always make sure you communicate with your probation officer and let them know what’s going on. Often times, they may have solutions to those problems.

District attorneys often try to use probation revocation hearings BEFORE a trial on new allegations. The standard of proof is only a preponderance of the evidence! That’s the same as the civil court standard of “more likely than not” versus the much heavier criminal standard of “beyond a reasonable doubt.” Don’t be railroaded by this tactic!

Finally, defendants are often arrested on a probation revocation warrant requested by the probation officer. A defense attorney can seek a probation bond. If granted, this will prevent you from sitting in jail for weeks or months at a time waiting for a probation revocation hearing. An attorney can often force the State to schedule the hearing.