We’ve covered what happens in relation to bail when a person is arrested, but there are a number of steps that a person must undergo before being bailed out. For many, this is a foreign and scary process, and being informed can help ease some of the accompanying anxiety.
The first step during arrest is the reading of the Miranda Rights. Though not necessary if a ticket is issued, these rights MUST always be read to an individual being arrested. If they are not recited, the entire case may be dismissed. There are two types of arrest: warrant and non-warrant. With a warrant, authorities have compiled sufficient evidence to bring charges and without a warrant, a crime must be witnessed by law enforcement.
Once arrested, the defendant is taken to be interviewed and booked. In some instances, a person will be allowed to call a lawyer or bail bonds agency to make proper arrangements (or have family make such arrangements). Remember your rights, as a lawyer can be present during the interview/interrogation.
Though desperate to get out, even if bail or bail bonds have been arranged, there are still a few steps to undergo before release, transfer or arraignment.
Depending on the crowds and conditions of the jail, booking can take many hours. During that time, a process is completed that compiles personal information about the defendant and his or her belongings. It will typically begin with a mug shot and fingerprinting. Then all belongings will be itemized and cataloged to either be submitted as evidence or returned upon release. This process may also include a pat-down or search. Defendants will frequently be asked if they have a gang affiliation and be checked for coinciding gang marks or tattoos. In certain cases a person may also be given a health screening and possibly submit a DNA sample.
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With any hope bail has been arranged or a bail bondsman had been contacted. However, before release can be secured, there is the initial court appearance. It consists of the arraignment and plea (remember, if a guilty plea is entered, it cannot be retracted), a bail hearing (where bail amount is set), and scheduling for the next court appearance. This is also the opportunity to apply for legal aid, if needed.
With any luck, you are now on the outside and mounting a proper defense (statistics greatly favor fighting charges while not incarcerated). If unable to secure release, bail or bond, you will be taken to jail to await trial. There will be further opportunities to request a bail reduction, if necessary. And remember, we’re here to help, as SoCal’s definitive bail bonds company. You can get us on Facebook or Twitter.
October 27, 2015 / Ryan Serey