Arrest, jail, arraignment, bail bond…it can all be very confusing and extremely frightening. As you go through this process you will hear new vocabulary and find yourself in uncharted waters. Having an attorney help you through it all is a must. They will be able to help you understand this difficult and trying process.
Once arrested, you will be escorted to a jail in police custody. You will be entered into the jail system and "reported" so that the jail has record of your presence. All of your property will be searched to ensure that you do not have illegal substances or weapons in your possession. This keeps you and those in custody with you safe and is a process that should not be fought. You will then be taking to a holding area to await your arraignment.
Your initial appearance in front of the judge is called an arraignment. The goal of this appearance is for you to find out whether or not the judge will allow you to be released on bail and if so, how much will bail amount be. No witnesses are called, no evidence is presented and the arresting officer will probably not be there. This appearance is to set bail only, not to determine guilt or innocence of the accused. In fact, you will most likely not even be required to speak.
This is where having a lawyer to speak on your behalf is crucial. The bottom line is you being able to discover if you will be able to get a bail bond and get out of jail soon, or if you will be in custody for a longer time. A prosecuting attorney will be on hand to tell the judge whether or not he or she believes that bail should be set and if so how much. Your defense attorney will be able to challenge the prosecutor's statements and add any information that might be helpful to your case. Then, the judge will make the decision on bail.
When setting your bail, the judge will take several things into consideration. Good ties to the community such as owning a home or having family in the area can be a plus towards your reputation and encourage leniency from the judge. If you have a secure full time job, this can also help your case showing you as a responsible citizen. On the other hand, if you have a prior criminal record or if you are accused of a serious crime, odds are your bail amount will be set extremely high so that you are not a threat to leave without facing the charges. Bail is set to encourage the accused to appear in court to participate in your trial.
Having friends or family in the courtroom and hiring a lawyer are also evidence of the accused being a good person and can help show that you will handle the trial process responsibly. Your friends, family, and/or attorney will also be important to have around if bail is set and it is necessary for you to obtain a bail bond. Hiring a lawyer truly makes good sense and is a must to make the process run as smooth as possible for you. The earlier you involve a criminal defense attorney in your arrest and bail process, the better of you will be in the long run.
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