General Legal Information and Resources - Page 2

Felony Cases, Misdemeanors, Constitutional Rights, How to Hire a Criminal Lawyer

What to do if a Accused of a crime, How to Get Out of Jail 

Bond Hearings, Federal Crimes

What to do if Accused of a Crime

If you’re accused of a crime your first action should be to establish whether or not you are under arrest.  Ask the police whether or not you are free to go.  If not, you should contact an attorney as soon as possible.  If you’ve been arrested you have the right to speak to an attorney before and during any questions.  This right is guaranteed by the U.S. Constitution.  If you are placed under arrest by the police you should generally obey the instructions of the police without compromising your constitutional rights, which include the right to remain silent, the right terminate an interview at any time, and the right to legal representation.  A lawyer can advise you of your rights and assist you in dealing with the prosecuting attorney.  The sooner you hire an attorney on a criminal case or investigation, the more they can do for you.  A lawyer can also represent you when you are officially charged with a crime.  If you’ve been accused of a crime, contact an attorney at the earliest opportunity.

How to get out of Jail

If you are arrested and charged with a crime you must appear before a judge for an initial hearing or arraignment.  At this time the judge will set bail.  This is an amount of cash or the equivalent that you must deposit with the court to enable your release from jail until you have to appear at in court.  When you appear in court as ordered the bail money is returned to you, generally minus a small administrative fee.  If you don’t appear in court at the designated time, the bail money is forfeited.  In some cases the judge may release you from jail on your own recognizance.  Generally this is only permitted in cases in which the crime is not serious and if you can convince the judge that your ties to the community make it unlikely that you would fail to appear in court at the designated time.  The Eighth Amendment of the US Constitution prohibits excessive bail or the use of bail as a punishment in itself.  The bail is generally set at a level that guarantees that you will appear in court as ordered.  If you can’t afford to pay the full amount of bail, you can purchase a bail bond from a bondsman.  The bondsman will issue the bail bond against a non refundable cash deposit, usually about 10% of the total bail amount.  The bondsman may also require you to provide security in the form of property or other possessions.