Year: 2012

Being convicted of driving under the influence (DUI) can lead to serious financial and criminal penalties. Many people believe that when they are pulled over and have over a .08 percent blood alcohol content (BAC) that they are pretty much convicted and have to face the consequences, but this is not always the case.

There are several legitimate defenses against a DUI charge, but it will usually take a lawyer to figure out the best direction for a specific case. There are some steps that a person should take before they have their first legal consultation, and there are a few things they should be prepared for when they make it to this consultation.

Step One: Get Out of Jail

Getting out of jail quickly is the first step in preparing for an initial legal consultation. It would be difficult for anyone to work on a suitable defense while confined to a jail cell. The State is going to try its best to get a person accused of a DUI in front of a judge with only a public defender. These scenarios are adversarial in nature, and the accused has very little power when standing before a judge.

Due to the intense pressure a defendant faces in this situation, they will often incriminate themselves or fold to a guilty plea under pressure. For this reason, it is important that a person get out of jail before standing before a judge. DUIs are usually listed on a county’s bail schedule, so a person can get out on bail or contact a bond agency to get out of jail before being powerlessly thrust in front of a court.

Step Two: Consultation with a Private Attorney

A good attorney is going to do everything within their power to help their client avoid any punitive consequences, but they cannot do it on their own. A person charged with a DUI needs to come fully prepared to their initial consultation to ensure their lawyer has the right ammunition to keep them out of trouble. The accused should know their blood alcohol content (BAC) and the exact reason the police officer reported stopping them for.  The defendant also needs to know which court he is scheduled to appear in and at what time.

Usually, an attorney can attend the first appearance in front of a judge in lieu of his client. This is very helpful considering the fact that a person will not have to take time off work or from family obligations to stand before a judge and hear the charges against them. If a person accused of a DUI comes fully prepared to their initial legal consultation, their attorney can usually handle the rest.

Take Your Best Shot

Be aware that the State is going to do everything in its power to make a person quickly plead guilty to a case, and they will often make veiled threats to influence this course of action. Luckily, if a person is able to get out of jail on a bond, they will have a legitimate chance of fighting the system.

A private attorney will have many ways to defend you, which you may never have dreamed was possible.  With the public defenders workloads heavier than ever in the current economy, it leaves little time to more then go through the standard paces with each defendant.  Since a DUI on your record can affect your life in so many ways, for so many years, you will want all the possible cards stacked in your favor.

If you’re in a bind anywhere from Oakland to Los Angeles or even Santa Ana, give us a call!

Driving under the influence (DUI) is considered a serious crime in the state of California, but being charged with the crime is not an automatic conviction. Legitimate lawyers know that there are some, although very few, justifiable defenses for a charge of DUI. A person may face either a misdemeanor or a felony DUI indictment, and there are stark differences between the two.

The most important thing for anyone accused of drinking and driving to do is to get out of jail quickly so they can prepare their defense, because it will likely not be an easy one.

Misdemeanor DUI

A person who is charged with fewer than four DUIs in a ten-year period will usually always be charged with a misdemeanor, but the consequences of these repeat offenses get harsher after every conviction. These DUIs usually result from a person swerving on the road, failing a field sobriety test or having a blood alcohol content (BAC) over the legal limit. A person could face up to six months in jail for just their first offense.

After standing before a judge, a person could face a bail amount up to $25,000, dependent on their circumstances. Because of this, it is important for anyone accused of DUI to contact a bail bond agent as soon as possible. These agents are able to post bail according to the set bail schedule within hours. The bail schedule amount will usually be lower than what a judge puts forth, because the judge will have no time to consider any aggravating circumstances having to do with the case.

Felony DUI

A person who has already been convicted of three DUIs in a 10-year period faces a felony DUI if they are charged a fourth time. A person can also be charged with a felony on their first offense, if their DUI results in the injury of another person. A felony DUI conviction carries with it a minimum of 180 days in jail and serious fines and penalties. Their license can also be revoked for four years at this point. The consequences of a felony DUI far outweigh those of a misdemeanor DUI.

A person needs to be able to work freely with their lawyer in an effort to get a felony DUI either reduced or dropped altogether, and this is quite a difficult job from the confines of a jail cell. Bail can be set as high as $50,000 for a felony DUI charge, and this usually leaves people sitting in jail until their trial. Bail Hotline agents can secure a person’s release for only a ten percent fee of the set bail amount, and can help with payment plans, collateral arrangement and even zero-money-down loans – whatever it takes to secure bond.

Freedom Helps Your Defense

Sitting in jail awaiting trial is the worst possible thing a person can do when charged with any type of DUI. Unfortunately, due to the current California budget crisis, there are fewer public defenders, and it is their job to help get cases in and out of the court as quickly as possible. This means the State will often use the hostile environment of a courtroom and threats of imprisonment to get a person to quickly plead guilty. This is the worst-case scenario if you are arrested for DUI, considering the fines and penalties associated with felony and misdemeanor DUIs.

Getting out of jail quickly and securing a good lawyer are the best ways to lessen the impact a DUI can have on your life. It also allows you to get your life back into some semblance of order; attending school, showing up to work, interacting normally with family and friends.  When it comes time to argue your defense, the attorney wants to be able to show your credibility, and your lack of threat to the community at large.

Getting arrested is a nerve-racking experience for anyone that has to go through it. The first thing on most people’s minds after their arrest is, “When am I going to get out?” Luckily for many, getting out of jail is not too hard of a task to accomplish. The United States Constitution guarantees a person’s right to a non-excessive bail amount, and this guarantee ensures that most people have the chance to get out of jail quickly. Knowing how the system works is where your bail agent comes in – with the ability to get you released within a matter of hours instead of days.

After Being Detained

The first thing a person charged with a crime will go through is being arrested. In many cases, this can be the most distressful part of the entire case. Police will escort an accused person to central booking where they will be fingerprinted, have their photograph taken and be put into a holding cell. A person is usually allowed a phone call after being booked into jail. This call can be to anyone, but there are only a few people that should be contacted if a person is trying to get out of jail quickly.

Who to Call for Bail

In most instances, crimes have a set bail amount, which is listed on each county’s bail schedule. This is a set total for anyone who commits a particular crime. These bail amounts are probably going to seem excessive, mostly due to the fact that America has some of the highest bail amounts in the world. A person can always call their family and hope that they have the amount needed for bail, but this is highly unlikely on such short notice. This usually leads the accused to contact a bail bondsman. These bail agents only require a fee equal to ten percent of the bail schedule amount for posting a surety bond for your release.

Getting Bonded Out

Most legitimate bail agents will visit their clients in jail, free of charge, to discuss their release. Many people believe that they must pay a bail bondsman’s entire fee up front, but this is not the case. Most agents allow zero down payments and long term payment plans, and this gives just about everybody the chance to get out of jail quickly. In situations where agents don’t take an upfront payment, it may be necessary to provide some type of collateral, but the pledged property will never be in any danger as long as the accused makes their court dates.

The facial expressions on thousands of mug shots show the level of worry a person feels when they are initially arrested. The best thing any person should do in this situation is to try to remain calm. In all likelihood, a set amount exists on the bail schedule for their charge that will allow bail to be posted. Luckily, in most situations, the legal system is set up to get people home as quickly as possible – the jails are usually overcrowded, and this will generally increase the chances of a faster release.

What Exactly is DUI?

Driving under the influence (DUI) leads to more arrests than any other crime in California. A DUI can lead to several harsh consequences, including jail time. An arrest for a DUI often leads to a long line of problems for a person both before and after their sentencing. Most believe that they know what a DUI charge entails, but many people don’t know that a person doesn’t even have to have a single alcoholic beverage in their system to be charged with the crime. Knowing exactly what is considered a DUI in the state of California is the best way to protect oneself from harsh penalties.

The Legal Definition

Most people know the old rule that having a blood alcohol content (BAC) of .08 or higher can land a person in jail for driving under the influence, but there are other nuances to the law that many people do not know about. A person under the age of twenty-one, for instance, can receive a DUI if they blow a .01 into a “breathalyzer.” This means a person under the legal drinking age can be arrested for a DUI if they have any trace of alcohol in their system at all while driving.

It is also important to note that a person doesn’t have to have any trace of alcohol in their system to receive a DUI. California law states that if a person under the influence of any drug is operating a vehicle, they may be charged with a DUI if they can’t operate it at the level that a completely sober person would. This can be caused by illegal drugs, prescription drugs or even over the counter medications. The effects of a DUI charge based on drug use are just as harsh as a regular DUI conviction.

Consequences of a DUI

There are several harsh consequences that a person faces if they are convicted of a DUI charge. After only one DUI offense a person may face up to six months in jail, a twenty-six hundred dollar fine, a license suspension lasting up to ten months and the requirement to install an interlock ignition device. All of these consequences are very costly, and they get worse if a person has already been convicted of a prior DUI.

A conviction of driving under the influence can also affect a person’s job, family and future. Being sentenced to even a few days in jail will cause a person to miss time at work. Many bosses will not take kindly to a person missing work over a DUI. The fines related to a DUI conviction can also hinder a person’s ability to pay their bills and take care of their family. One of the most obstructing consequences of a DUI is that it shows up on a person’s criminal record. Even though many job applications state that a conviction will not necessarily bar a person from employment, it will definitely be considered when a manager is deciding whom to hire.

Urgency of Defense

Because of these harsh consequences, it is important for a person to get out of jail as soon as possible and start preparing their defense. Regardless of what many people believe, there are legitimate defenses against a DUI charge, but building a defense case from the confines of a jail cell will be difficult for anyone. DUI offenses are usually listed on a county’s bail schedule, which means a person can often get out of jail on bond before ever seeing a judge. Bail bond agents can usually have a person out of jail within a couple of hours of being contacted. This means a person might not miss any work, and will have plenty of time to contact a lawyer and prepare a defense before being arraigned.

Being convicted of a DUI will seriously affect a person’s life now and in the future. It is important to know that a person doesn’t have to be seriously intoxicated by alcohol to receive a DUI conviction in the state of California. Many people believe that once they are arrested for this crime that they have no choice but to plead guilty and move on with their lives, but this is not the case. There are legitimate defenses against DUI charges, but it is imperative that a person contacts a bail bond agent to get out of jail as quickly as possible so that they can begin their defense.

Going to jail is a stressful event for anyone. Even an arrest for a minor crime can lead to a night in the county lockup. If you are arrested you definitely want to take advantage of your phone call as soon as possible and contact a bail bondsmen. These bail agents are often able to secure a person’s release in only a few hours. This could get a person out of a holding cell before they are even put into general population.

The eighth amendment of the U.S. Constitution guarantees bail for almost anybody, so it is important to use this right as quickly as possible. If you aren’t able to secure bail immediately, and you end up in jail with other inmates, here are a few simple ways to ensure you survive the night without any serious consequences.

Don’t Resist Officers

Resisting police demands is one of the quickest ways to get hurt while spending a night in jail. Officer demands may seem trivial, and sometimes even unfair, but it is important to follow these commands to the letter. Showing any physical resistance or even disrespect can lead to an officer getting physical with you.

It may not be right, but getting officers removed from their posts for using excessive force is a difficult and time-consuming venture that often ends in the officer’s favor. It is best to do what they say when they say it. You will not be in jail for long, so it is a small price to pay to not be hurt.

Request a Single Cell

If a single cell is available you should request that cell. While most inmates mean you absolutely no harm, there will always be at least one bad apple in the bunch. The chances of you ending up in a cell with that bad apple are slim, but there is still the possibility. Don’t demand that officers give you an empty cell, because they don’t legally have to. Make the request in the friendliest way you possibly can.

Become an Island

Keeping to yourself is one of the best ways to ensure your safety while in jail. Don’t appear to be scared of other inmates, just look as if you aren’t interested in making conversation with anyone. If someone does ask you a question, however, make sure that you answer it. If you don’t answer then you may come off as rude, and that information will assuredly make its way around the jail unit. Answer any questions with a short and quick response while trying to sound friendly. It is also important to not accept favors. Another inmate may appear to be nice and inviting, but he may use any accepted favor as ammunition to get something he wants later.

Try not to Sleep

If you do end up in a shared cell then you should probably come to terms with the fact that you may not be getting any sleep that night. While most people in county jail are only there for minor offenses, there are still inmates who may try to hurt you when you’re vulnerable. Stay awake in your cell with your back against the wall. Even if there are violent offenders who want to test you, at least you will not be sleeping if they try.

Going through a night in jail is likely going to be a taxing event on anyone. County jail isn’t the same as prison, so there will be far fewer people around you that are willing to cause you harm. Even with this being the case, there are still bad people in every jail unit in the country. In California, even a minor probation violation will lead officers to put you back into county intake. Speaking with a bail bondsman before being put into the regular population is the best option for surviving jail, but even if you can’t get out quickly, these tips will help make sure that you do get out safely.

The crime of domestic violence has led to the second highest arrest rate in California. It beats out every other crime except for DUIs. Unfortunately for many, domestic violence is a crime that doesn’t need a victim’s report to lead to an arrest.

Even if both parties claim that there was no violence and that the situation has been resolved, California police must make an arrest if certain criteria are met during the call. This protects the government from possible civil suits, but it does make life much harder on the accused and sometimes their family. Knowing the ins and outs of domestic violence is the best way to survive a criminal domestic violence charge.

What is Domestic Violence?

Domestic violence is a crime against a significant other – that can include bodily injury, sexual assault or placing another person in fear of serious bodily injury or death. This type of intimidation can often lead to jail time in non-domestic situations, but the fact that it is committed against a current or prior loved one makes it a crime punishable by much harsher standards.

California has made it a high priority to protect its citizens from dangerous family members because statistics show that strangers commit only 14% of statewide murders. On the other hand, a spouse or other family member of the victim commits a whopping 20% of all California’s murders.

The Domestic Violence Protection Act

This California law allows domestic violence victims the ability to obtain protective or restraining orders against the perpetrator of their domestic violence. Family members and current or former spouses can obtain these types of orders. The law also allows for the arrest of a violent person who is in a dating relationship or even same-sex relationship. In some instances there doesn’t even need to be visible injuries on the victim for an officer to effect an arrest.

Restraining orders ensure that a person doesn’t come within a certain distance of their alleged victim, but certain orders can go even further. An ex parte order (decision which is directed by a judge without all parties present) can be issued that bars phone calls to a victim and contact with their family. Judges can demand that the accused refrain from several different acts in relation to the alleged victim, and it is always important that the accused follow all of these instructions or their bail might be revoked.

Getting Out of Jail

It is important to get out of jail quickly when arrested for domestic violence. Just because a person had a temporary problem with a loved one does not mean that they are never going to see each other again. In fact, in many cases the accused is the financial backbone of the victim’s family. Anyone arrested should contact a bail bondsman quickly, as they are usually capable of getting a person out of jail within hours. This will ensure that person doesn’t lose their job or any work hours due to the sudden and unfortunate arrest.

The accused also has the choice of paying the entire amount of their bail, but this is going to be very expensive – especially in a domestic violence case. Someone who pays their own bail risks having that money tied up for a lengthy trial, and can possibly lose some of it to court costs. It is best to speak with a bail agency and then follow all court orders until the charge is dropped or handled in court.

Life Goes On

Domestic violence calls often lead to arrests, even if both parties press no charges and personally feel the situation has resolved. This will lead to difficulties for the accused and may make their family’s life extremely difficult. It is important to get out of jail as soon as possible and ensure that any protective orders are followed. This will guarantee that a person can get back to taking care of their family as soon as possible.

While out on bail, the accused should continue working at their place of employment and be careful not to escalate the already emotionally-charged relationship with the alleged victim – whether there is a protective order in place or not. A temporary legal hassle is often not the end of these relationships.

Being arrested is one of the most stressful events any person can go through. After an arrest it is usually guaranteed that a person will spend at least a small amount of time incarcerated, even if they’re able to post bail soon after their arrest. Unfortunately for many, even after a person is released on bond, their initial bail amount can still be increased. This means that a person can literally be free awaiting their trial and then be incarcerated again if a judge decides to raise their bail amount. This can happen in several instances, but there are ways to ensure a person can still maintain their freedom while awaiting trial.

When a Judge May Raise Bail

There are several instances when a judge may choose to raise a person’s bail amount after they have been released. A person may be arrested for a misdemeanor and receive a bail amount based on that charge, but after the facts of the case are reviewed a judge could choose to amend the charges. In many cases a prior record could warrant a higher bail amount or even change a misdemeanor into a felony. In these cases, the bail amount will usually always be raised.

A person may also face a higher bail amount, or even a hold, if a judge realizes that the accused is on probation or parole for another crime. Once a person gets their first appearance in front of a judge, the judge may choose to raise their bail or even revoke it altogether if they are still serving probation or parole time for a previous crime. Even in these instances, it is still possible for a person to retain their freedom.

How to Stay Free

A person who has their bail amount increased has several options to stay out of jail. That person’s attorney can go before a judge and request that the additional bail be lowered. A judge will consider all of the facts that the attorney puts before him, so it is imperative that the lawyer be fully prepared to show the judge that their client isn’t a flight risk and that the case has substantial defense.

Many people released on bail are able to gain their freedom by using the services of a bail bondsman. These bail agents can also go before a judge and help a person retain their freedom if their bail amount is raised. The agent can explain to the judge that the accused is a trustworthy person, already bonded and that they will make all of their scheduled court dates. The bondsman can also assure the court that the additional bail amount can be paid in short order, and if the accused doesn’t show up for their court appearances, they have a lot to lose. A higher bail amount does mean an increased fee to a bail agent, but bail agencies are willing to set up payment plans if necessary.

People that have their bail raised after they’ve been released face several hardships that they may not deserve. Luckily, between a person’s attorney and their bail bondsman there is a great probability they will be able to remain free while awaiting trial. It is important to stay in contact with both of these professionals if a judge decides to raise a bail amount after an initial one has already been set. 

Modern bail agents have been securing freedom for people accused of crimes since 1898. In this time, bail bondsmen practices have evolved, but the premise of the practice has remained the same throughout American history. Bail agents usually take ten percent of a person’s posted bail amount as a fee and sign a surety with courts allowing for a person’s quick release while awaiting trial. Many people believe that these agents have no actual use other than securing a defendant’s release, but they are actually an integral part of the criminal justice system. Without bail bondsmen the criminal justice system in America would find it far more difficult to function.

Overcrowding

Overcrowding is a serious problem in many jails across the country. Bail bond agents actually help to ease this problem. Even though the Constitution of the United States expressly forbids excessive bail amounts being imposed, the amounts that are enforced are still some of the highest in the world. If it were up to defendants to post their own bail, many would end up sitting in jail awaiting their trial. Bail bondsmen provide an overall low-priced way for accused persons to get out of jail almost immediately after their incarceration. This not only eases overcrowding but also ensures that the space available in jail is saved for serious criminals.

Preparing Defense

Bail bond agents don’t just provide a service that slows the overcrowding of detention institutions, they also allow people accused of crimes to take a proactive role in their own defense. It is difficult to properly prepare a defense case against state prosecutors, so a person can only imagine the difficulty someone would have trying to do this from the confines of a jail cell. Bail bondsmen allow people the best chance of beating the charges against them, and this lessens the chance that a person will be punished for a crime that they didn’t commit. This not only saves an innocent person from going to jail, it also saves the state the money it would spend on supporting an additional inmate.

Allows Proper Release Criteria

When jails have issues of overcrowding it can lead to less stringent release criteria. A judge who knows that a jail is already at capacity may have to consider releasing criminals they otherwise wouldn’t in an effort to keep the jail population down. The Constitution only guarantees that a person cannot be punished with excessive bail, not that they will receive bail. Judges, at their own discretion, can deny a person bail if they feel the accused could be a flight risk or a danger to others. Judges who don’t have the weight of an overcrowded facility on their shoulders are better equipped to enforce appropriate release criteria.

Bail agents are an integral part of the criminal justice system. They may not be officers of the court or lawyers, but they serve a vital function in maintaining the fluidity of the system. Even the majority of sheriffs in the country feel that bail bond agencies are important in helping to maintain order within American jails. Bail bondsmen have been ensuring that defendants are allowed out of jail before their trials for over a hundred years, and hopefully they will be around to assist the criminal justice system for a long time to come.

Anyone who has been to jail can attest to the fact that being arrested is a stressful ordeal. An arrest is often the beginning of a drawn out tribulation that can end in a loss of money, time and even freedom. Most people who go to jail the first time are completely clueless about the sequence of events that will take place during the booking process. Different jails may have a separate order in which these tasks are undertaken, but there are several things that a person must go through before being allowed to call their family or bail bond agent. Learn more about the bail bond process.

Initial Intake

Before being brought into a detention facility inmates are often subjected to a “pat down” to check for contraband. Once this is complete and the person is brought into the booking area, they are taken to an officer who enters all of their personal information into a computer. Information is also entered on the crime a person has been charged with. Usually at this time a person hands over all of their personal belongings as well. These items will be kept safe until a the inmate’s eventual release, and then returned. A check for outstanding warrants is also run at this time, and the results may affect whether a person is granted bail or not.

Protection of Officers and Inmates

There are several procedures involved during booking that are meant to keep officers, the inmate and other prisoners safe. The accused is often questioned about current or former gang affiliations. If the accused has been part of a gang then they may be housed, for their own protection, in an area where rival gang members are not present.

A short medical exam is also administered to ensure the safety and health of the inmate and fellow prisoners. If a person has a serious medical condition the officers will be able to accommodate them while protecting other prisoners from possibly contagious diseases. Depending on the jail, these exams can even include tuberculosis checks. Inmates are also made to take a shower with delousing shampoo and sometimes strip-searched before they are sent into the general population.

Identification

Police gather an abundance of information that can help identify an inmate. This is used for their time in jail as well as being kept on record for any future need that may arise. A suspect is always photographed and fingerprinted, usually soon after they arrive to the facility. In certain cases an inmate can even be required to submit to a DNA test. All of this information can legally be kept on file and used in the future to identify a known subject.

The Phone call

Most people who are arrested spend their entire booking process looking forward to getting their phone call. Unfortunately, whether a person is subsequently found innocent or guilty of a crime makes no difference in the booking process. Jails will differ from state to state and even county to county, but the basic booking process is essentially the same and it takes the time that is deemed necessary to do so.

In most jails an inmate must go through the entire booking process before they are allowed to make their first phone call. At that point it is important to call someone who can post bail such as a family member or bail bond agent, thus ensuring a quick release.