Why You Need a Lawyer for Arraignments and Bail Bonds
When you've
been arrested and accused of a crime, you'll go through a long process that
will change your life forever. The process involves complicated vocabulary and
confusing situations; it's important to have a criminal defence attorney to
help explain everything to you. Here's a little hint at what's involved in this
process and why it's important for you to know about bail bonds.
If you are
arrested, a law officer will take you to the local city or county jail. Once
there, you will be entered into the system so that the jail has a record of
your being there. You will be searched and have all property on you removed to
insure that you are not in possession of weapons or any illegal substances.
From there, you will be taken to a holding area depending on the type of crime
with which you are accused to wait for an arraignment.
In an arraignment,
the accused appears in front of a judge. The main point of this appearance is
for the accused to find out whether or not the judge will set bail and if so,
how much will it be. No evidence is heard, no witnesses are called and the
police officer may not be present. The arraignment will not decide guilt or
innocence of the person and usually the accused will not even be asked to
speak.
Having a
lawyer to speak on your behalf is crucial when you are facing criminal charges.
The bottom line is that you should be able to discover if you will be able to
get out of jail soon or if you will need to stay there for a longer period. 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 defence attorney
can challenge the prosecutor's statements and add any information that might be
helpful in your case. Then, it will be up to the judge to decide whether or not
you can get out on bail until your trial date arrives.
Judges
consider several factors when setting bail. One major factor is the seriousness
of the crime. Obviously, if a crime is more serious then bail will be set
higher to prevent an individual from getting back out onto the streets. If you
have a prior criminal history, your bail will likely be set higher. The more
recent your criminal history, the higher your bail will be. Positive ties to
the community can be a good thing when it comes to bail amount. This could be
things such as owning a home in the community, having family in the community,
or having a full time, steady job.
Having
friends or family in the courtroom, and hiring a lawyer, is evidence of your
character. Your friends, family and/or attorney will 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 defence attorney in
your arrest and bail process, the better off you will be in the long run.
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