Process After Arrest

Miranda Rights

Upon your arrest, the officer must inform you of your legal rights. The Miranda warning outlines your rights following an arrest:

  • You have the right to remain silent
  • Anything you say can and will be used against you in a court of law
  • You have the right to an attorney
  • If you cannot afford an attorney, one will be appointed for you

This means you can choose not to answer an officerā€™s questions and may request an attorney. Attorneys encourage you to take this right seriously because even the smallest details can incriminate you in court.

Processing

When you are arrested, you will be handcuffed and taken to the local police station for initial processing. At the precinct, a police officer will question you to get personal information. This will include your name, address, date of birth, social security number, etc. Once you have been fingerprinted you will be taken to a central booking location and processed for arraignment, which is an appearance before a judge.

Questioning

The Miranda warning must come before you are interrogated or questioned. Asking for your personal information is not considered an interrogation. Once police officers begin asking questions that may implicate you in a crime, however, an interrogation has begun. Information that you voluntarily offer to a police officer after receiving a proper Miranda warning is generally admissible in court. Police officers are not allowed to use physical or psychological intimidation to get you to make a statement.

Bail Hearing

After you are accused of a crime, you are required to appear in front of a judge for a bail hearing. During this hearing, the judge will decide whether you, the defendant, will get bail or if you will have to wait behind bars until your trial starts. Bail is a set amount that someone pays for you to temporarily get out of jail. By paying bail you agree to show up at all of your court dates and follow guidelines set by a judge.

Post bond

Once a judge sets your bail you can either pay the full amount upfront or turn to a bail bond company like Delta Bail Bonds. If you don’t have the money to post bail yourself, you can pay a bondsman 10% of the bail amount or collateral to get you out of jail.

Plea Bargain

The prosecutor and the defense lawyer can negotiate a plea deal or bargain.Ā  Once a plea bargain has been reached, it is taken to the judge for his or her approval. The judge will consider the plea deal as a contract between the prosecutor and the defendant. In federal court, the judge can approve or reject the plea bargain. The judge normally accepts the proposed plea deal.

Trial

The trial is the structured process where a jury listens to testimonies and reviews evidence to settle on a verdict. It’s up to them to decide if the defendant is innocent or guilty. During the trial, the prosecutor uses witnesses and evidence to prove to the jury that the defendant is guilty. Alternatively, the defendants attorney tries to prove their client’s innocence by calling witnesses and sharing evidence. During the trial, the judge decides what evidence an attorney can present to the jury. After the jury reaches a verdict, they notify the judge, the lawyers, and the defendant in open court.

Delta Bail Bonds

If you need to bail yourself or a loved one out of jail, Delta Bail Bonds is here to help. With us, youā€™ll be able to save money, keep your information confidential, save time, and have all the knowledge of an experienced bail bondsman at your fingertips. We know an arrest can be hard on you and your family, which is why we work 24/7 to make your bailout as quick and easy as possible.

History of Bail Bonds

Bail is a set of pre-trial guidelines that a defendant must agree to and an amount they must pay to make sure that they are present to stand trial before a judge agrees to release them from jail.

How did they get started?

This system of posting money or property in order to get a temporary release, pending a trial, dates back to 13th century England. The commercial practice of offering bail bonds arose out of a need to balance the playing field among the rich, middle, and lower classes. Previously, wealthy individuals were at an advantage because they could pay bail. Meanwhile, poor people without money to post bail couldn’t leave.

Bondsmen have been around in the United States since the country was founded. The laws about bail bonds have changed over the years. These laws have mostly addressed how to set bail fairly. Now, it’s mostly based on the crime the defendant has been charged with. Bondsmen have changed some practices according to individual state laws, but the basic concept is the same.

How are they different now?

The founder of the modern bail bond system as we know it was Pete McDonough. Pete, and his brother Tom, established the first known bail bond agency in San Francisco in 1898. McDonough was not a completely honest person, which may be why bail bondsmen receive such an unfavorable perception today.

In 1966, Congress enacted the Bail Reform Act of 1966. It expanded the bail rights of federal criminal defendants. Congress repealed the Bail Reform Act of 1966 with the Bail Reform Act of 1984. The new law permits pre-trial detention of individuals based upon their danger to the community, not solely upon the risk of flight. It stipulates that only people who are charged with a violent crime, an offense that may result in life imprisonment or death, drug offenses that may lead to a sentence of more than ten years, repeat felony offenders, or if the defendant poses a serious risk of flight, obstruction of justice, or witness tampering can be denied bail. A judge holds a special hearing to determine whether the defendant fits within these categories. Anyone outside of those parameters can bail out of jail. In cases where the defendant poses a risk to their communities, a judge must order pretrial detention

What can Delta offer defendants?

There are plenty of reasons why you should choose to do business with us, including the fact that we can bail you out of jail anywhere in the country! Delta Bail Bonds will not release any information about you or the person being detained. We also use secure data practices. You can rest assured that your personal information is in good hands. 

We are available 24 hours a day, 365 days a year. You just need to give us a call and weā€™ll have your forms ready by the time you arrive at our location. We accept Cash, Visa, MasterCard, Discover, and ATM cards. Weā€™re also happy to help you set up a payment plan if needed. If you or a loved one needs to get out of jail fast, Delta Bail Bonds is the team to call.

Traveling on Misdemeanor Probation vs Felony Probation

What is Probation?

If you are convicted of a misdemeanor or felony crime, your criminal defense attorney can ask the judge to ā€œsuspendā€ your sentence and grant probation. This allows you to stay home instead of serving time in jail or prison.

Probation gives you the opportunity to complete your sentence out of custody under what is known as ā€œconditional release.ā€ You are typically placed on probation for three to five years. If you successfully complete your probation, you may be able to have your guilty plea set aside.

Two Types of Probation

Felony probation is also known as ā€œformal probationā€ or ā€œsupervised probation.ā€ This type of probation is for those with a felony conviction. You must check in with your assigned probation officer frequently.

Misdemeanor probation is also known as ā€œinformal probation.ā€ This type of probation does not require you to be supervised by a probation officer.

Can probation restrict traveling?

One of the most common requirements for probation is a traveling restriction. You are not allowed to leave your county while on probation. You will have to get the probation officerā€™s prior approval before leaving. 

Leaving the county, for whatever reason, without a travel permit can violate probation. An arrest warrant can be issued. Probation can then be revoked and the defendant sent to jail.

This travel restriction also applies to moving. People on probation cannot change their residence without notifying their probation officer. You will also need the officerā€™s prior approval if the move would take you to another county.

Violating Travel Restrictions Can Revoke Probation

If the District Attorneyā€™s office learns that you violated your travel restrictions, they can file a motion to revoke your probation. The court reviews your probation for a violation and can issue a warrant for your arrest. After your arrest, you can be held in the county jail until the revocation hearing.

The prosecutor only has to prove with some evidence that a probation violation happened. This is a low burden of proof. You can have a lawyer at this hearing. If the judge decides that there was no violation, you are released and probation continues as originally given.

If the judge decides that there was a violation, they can either set tighter probation restrictions or send the defendant to jail.

Revocation of probation can be harsh, especially if the sentence came from a deferred adjudication. In these cases, a jail sentence is deferred until probation is completed. If the defendant’s probation is revoked, they usually get sent to jail. Their probation time doesn’t count towards the jail sentence.

Contact Delta Bail Bonds

If you find yourself or a loved one being arrested, make sure you contact our bail bond office as quickly as possible. Delta Bail Bonds is available 24/7 to bail you out when you need it. You do not have to wait until business hours to call us. Our experienced bail bondsmen are dedicated to getting you out of jail and back to your life as soon as possible after an arrest. If youā€™re unable to contact us yourself, call a friend or relative and ask them to do it for you.

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