Being arrested and making court appearances is a stressful time no one wants to go through. Nevertheless, you never know what life has in store for your loved ones. There might come a time in life when you have to offer comfort and support to a friend going through this experience.
If it is your first time being arrested, you are likely unaware of your rights. Understanding your rights is very important as it can help you stay in control of the situation and raise your voice against any unjust actions. Plus, you will remain calm and collected, which is crucial to make the entire process easier.
One of the rights you should know about is how long the police can keep you in custody without charging you. Most people don’t know the duration and end up in jail for days without a proper representation or bail hearing.
To call for help or reach out to a bail bond agent, you should know the legal time police can hold you without any charge. Keep reading to find out.
The Right to a Speedy Trial: What Does the Constitution Say?
Every arrested person has a right to a speedy trial as per the sixth amendment to the Constitution of the US. The term speedy trial refers to the defendant being presented in court within a reasonable timeframe, without any delays. This ensures they do not stay in jail for no reason and a fair trial is conducted as soon as possible.
The Right to a Speedy Trial: Time Limits
After you have been arrested, the police can hold you in custody for up to 72 hours. During this time, you are questioned by the prosecutors. Next, the prosecutors assess your case and decide if they want to press charges based on the evidence they find.
If they decide to proceed with the case, a trial is held. During the trial, the defendant is given a chance to defend themselves. The case may be dropped if the prosecution drops charges or if there is a plea bargain.
The Right to a Speedy Trial: The Violation of Rights
If you have been arrested and detained by the police, but not charged within the 72-hour time frame, it is considered a violation of your rights. In this case, your advocate can go to a judge and get a writ of habeas corpus.
This is an order that the court issues, directing the police to present you in court. This is to ensure that a judge decides if you’re being held lawfully or not.
Indiana’s Top-rated Local Bail Bonds Provider
Being arrested can be a nerve-wracking experience for anyone. If you or a loved one lands in legal trouble, turn to DeLaughter Bail Bonds for all the assistance you need. Our family-owned bail bond agency has been a provider of reasonable bail bond services in North Manchester and throughout Indiana since 2010.
With our 24-hour bail bond service, we are always available to help you get out of jail in no time.
If you have ever applied for bail for yourself or a loved one, you might know that a bail bond is a kind of promise with certain conditions. These conditions are the pillars upon which bail bonds are drafted, which is why the defendant applying for bail must fulfill them at all times.
It’s essential to stay out of trouble while out on bail. This can affect your case, your future, and even your freedom. A bail agent works with the court to ensure that you remain law-abiding and available for your return appearance. Therefore, you must comply with all of the conditions of your release.
This will also help your case in the long run. You should consider everything you will do while on bail before you do it. Here are some dos and don’ts to keep in mind when you are out.
Do- Be Available to Return to Court
This is the most fundamental rule of all. You must make your first appearance on time as the judge has ordered. If you fail to appear, the court may issue a warrant for your arrest. This can have serious consequences for your case. It can lead to more severe penalties and a much longer sentence. It will also make it much harder for you to obtain a favorable verdict or resolution.
Don’t- Violate Any Other Conditions of Your Release
While you’re out on bail, there are certain rules you need to follow to ensure that your case moves forward in a positive direction. For instance, you may be prohibited from contacting certain individuals or having contact with certain places. If you break any of these rules, it could impact the outcome of your case.
Do- Spending Time With Family and Friends
Spending time with friends and family can be a great way to relieve stress and help you maintain a positive attitude. However, it’s important to maintain your distance when you’re out on bail. You should never feel pressured to spend time with anyone who may have bad intentions toward you.
Don’t- Leave Town Without Permission From the Court
Travel restrictions are very common when people are out on bail. You may be forbidden from traveling outside a certain distance from your residence. In some cases, you may even have to stay within the state. It’s important to abide by these rules if you want to remain out of jail.
Do- Communicate With Your Attorney
You need to give your attorney all relevant information about your circumstances as soon as you are released on bail. This will help your lawyer provide effective representation in your case. It will also ensure that they can prepare your defense effectively. Be honest about your circumstances and everything that happened leading up to your arrest.
Don’t- Lie to Your Attorney
Lying to your defense attorney can have serious repercussions for your case. It could even result in a perjury charge if caught lying under oath during court proceedings. You must stay honest and forthright with your attorney at all times.
If you or your loved one is in jail and need immediate bail, our licensed bail agents can help you out! At DeLaughter Bail Bonds, we offer 24-hour bail bond service and provide transfer and surety bonds.
Contact us today to get started!
Getting arrested is both frightening and confusing. If it’s your time, here’s what you should do:
Getting a call from a friend or family member in jail is always concerning. It’s not an easy situation to be in, and it can feel like you’re powerless to do anything, especially if the person’s in jail for financial reasons and you have no way of helping them get out. Bail is always expensive, and securing that kind of money is not possible for everyone.
Bail bonds are becoming more and more popular as a means of securing the release of someone who is in jail and can’t afford to pay the bail amount set by the court. It’s a great alternative to having to personally post bail to release the person being held by law enforcement. That being said, a lot of people are afraid that their friends and family members who are being held by law enforcement won’t be able to get out of jail if they have to use the services of a bail agent.
We’ve put together some of the most common myths about bail bond services here:
Myth 1- Bail Bond Industry is Unregulated
One of the most common misconceptions about the bail bond industry is that it is unregulated. In fact, bail bond agents are licensed and regulated by states. In most states, they must attend training and pass an exam to be licensed as a bail bond agent. They also must comply with all regulations established by the state in which they operate. They can be fined or lose their license if they fail to follow those regulations.
Myth 2- Bail Agents Only Want Payment in the form of Cash
Many believe that a bail bond agent only wants cash as a form of payment. However, that is not accurate. The laws regarding the payment of bail vary from state to state. They accept a variety of payment methods including cash, check, money order, credit card, or PayPal in some instances. Not having enough cash doesn’t mean you can’t get the help you need to get your loved one out of jail. You can easily arrange to pay your bond using a loan from a bank or other lending institution and then make the required payments when it’s due.
Myth 3- Bail Agents Can Negotiate the Bail Amount
Another common misconception is that a bail bond agent can negotiate the bail amount set by the court. Again, this is untrue in most jurisdictions. The court sets the amount of bail based on the charges and the circumstances of the case. The judge has the final say on the amount, and the bail bondsman must follow that order. However, the defendant can negotiate their own bail amount with the court before their hearing.
Myth 4- The Fee is Refundable If you’re Innocent
Another popular myth is that the fees associated with a bail bond are refundable if you’re found not guilty of the charges against you or if your charges are dropped. Unfortunately, you have to abide by the bail schedule set by the court, and you can’t get a refund even if the charges against you are dropped, or your trial is postponed.
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Although those released on bail experience a sense of relief, they may still worry about the court revoking their bail.