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 officer’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.  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, you’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 we’ll have your forms ready by the time you arrive at our location. We accept Cash, Visa, MasterCard, Discover, and ATM cards. We’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 “suspend” 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 “conditional release.” 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 “formal probation” or “supervised probation.” 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 “informal probation.” 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 officer’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 officer’s prior approval if the move would take you to another county.

Violating Travel Restrictions Can Revoke Probation

If the District Attorney’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 you’re unable to contact us yourself, call a friend or relative and ask them to do it for you.

Can Bail Money be Used to Pay Child Support?

Incarceration is a real risk for parents who fail to pay child support. You may be able to get away with not paying child support for a while, but it will catch up with you. When it does, the court can hold you in contempt. This means fines on top of what you already owe. The court can also choose to put you in jail for non-payment of child support. The Office of the Attorney General assists families who request child support services. They are also responsible for establishing, enforcing, and modifying child and medical support orders.

Bail and Back Child Support

Upon your arrest, the judge may set a bail amount. Typically, this money is held to ensure that you will appear for your hearing. Then the court returns your money if you show up for all of your court dates. However, if you’re arrested for back child support it’s possible you will forfeit the money. This is because the money will go to pay your debt and help care for your child. 

Texas family code 157.106 specifies that if the respondent is found to be in arrears of the court-appointed child support, then their bail will be paid to the custodial parent or the child’s legal guardian. This code can be enforced regardless of whether or not the defendant appears in court. 

Possible Repercussions of Back Child Support

Jail 

In Texas, you can spend up to six months in jail for back child support.

License Revocation

The court can suspend your licenses. These can include driving, professional, hunting, and fishing licenses. 

Wage garnishment

Up to 50% of your disposable income can be garnished to pay child support in Texas.

Intercepted federal money

The government can intercept federal money like lottery winnings and tax refunds, and apply it to your owed child support.

Property lien

This gives the owed guardian a stake in your property, worth the amount you owe. The only way to have the lien removed is to pay what you owe. 

Passport

If you owe more than $2,500 in child support you can be denied a passport. 

Low Credit Score

Late child support payments can be reported to credit bureaus and negatively impact your credit score. If you get too far behind, it can go to collections with can be detrimental to your credit score. 

Child support can build during incarceration

Your child support obligation doesn’t automatically go away when you’re incarcerated. You must request a “review and adjustment” of the order. Otherwise, the amount you owe will continue to build while you’re locked up. 

Back child support never goes away

Owed child support doesn’t go away after your child turns 18. You are still expected to pay their guardian for the expenses they were responsible for covering when you fell behind. 

Child support evaders

If you fall under certain criteria, The Office of the Attorney General publicly identifies you for failure to pay child support. You can be added to the list if you have more than $5,000 in delinquent child support, an arrest warrant has been issued, the non-custodial parent is avoiding apprehension, there haven’t been any regularly made payment in six months, a photograph is available, and the custodial parent signs a waiver allowing the information to be made public. 

Delta Bail Bonds

If you or your loved one is facing jail time after an arrest, Delta Bail Bonds can help. Our bail bondsmen are available 24/7 to post bail anywhere in the country, and we’ll be able to help you through every step of the legal process. Call or visit our website to get in touch with a talented bail bondsman today!

Frequently Asked Questions About Bailing Someone Out

What is Bail?

Bail is a set amount of money that acts as insurance between the court and the defendant. The defendant can pay their bail in cash, but many use a bail bond service.

Bail can be expensive, and most people are financially unable to post bail by themselves. They will need to seek help from a bail agent, who will post the bail bond for them.

How do Bail Bonds Work?

 A judge sets a bail amount. If the defendant cannot pay the bail amount on their own, they can get a bail bond. The bondsman usually takes 10% of the bail amount to post bail for the defendant.

The bail bondsman secures the rest of the bail amount in the form of collateral. If the defendant does not have enough collateral, the bail bond agency might have you ask relatives and friends to assist in covering the bail.

What Can You Use As Collateral?

Every bonding office has its own standards, but for the most part, they accept various forms of bail collateral. Some example of collateral include:

  • Real estate
  • Cars
  • Credit cards
  • Stocks
  • Bonds
  • Jewelry
  • Personal credit
  • Bank accounts

What Happens After Your Release?

The bond company will return your collateral if the defendant appears for court. The bail bondsman keeps the 10% cash fee as profit.

If you fail to appear in court then you forfeit your collateral. The court will require the bond company to pay the remaining 90%. The bail bond agency will use the defendant’s collateral (house, jewelry, stocks, etc.) to pay the court the remaining bail amount.

Can You Leave The State Or The Country While On Bond?

If the court has given you direct instructions not to leave the state or country you must then get permission from the bail agent and the court before leaving. If you do leave you are subject to arrest.

What Happens If You Get Arrested While Out On Bond?

If you are arrested while out on bail the bond can be surrendered and your liability will be terminated. All arrests are treated separately, which means each arrest requires a new bond if the defendant wants to get out of jail before their new case is closed. The bond that was previously issued cannot be used to release the defendant from jail, and the initial bond remains active until the first case is complete. 

Delta Bail Bonds

A bail agreement is a serious commitment. Once you create a lack of trust, it is hard to earn it back. It is better to be in constant communication with your bond agent to avoid a messy situation. If you or a loved one are in need of bail, contact Delta Bail Bonds. At Delta Bail Bonds, we’re more than a financial resource. We are here to help you and your family navigate your arrest and the bail system with ease. Don’t make a stressful time more difficult. Let us help! Give us a call and get out of jail fast!

Tips for Choosing an Attorney

After you make bail, you need to find a reputable criminal defense attorney. It doesn’t matter if you’re guilty or innocent, hiring the right lawyer can make all the difference. How do you choose the right criminal defense attorney? Let’s look at a few tips to help make sure you get the best legal team on your side.

Testimonials

Ask around for references to find a lawyer that they’d recommend. Also, research online reviews that will give you a good picture of how they work with their clients. Even the best lawyer will have a few negative reviews, you’ll want to make sure the general opinion about the lawyer you’re considering is positive. You can discover more about a lawyer’s reputation by researching reviews, testimonials, and publications.

Concentration in Criminal Law

There are different types of law, including civil law, corporate law, bankruptcy law, and criminal law. You need to find someone who specializes in criminal law. Many criminal defense attorneys take on routine defense cases, many will often specialize in a specific area of criminal defense. You want a lawyer that is familiar with the laws and practices relevant to your case. If possible, find a lawyer with experience in your particular situation. For example, some lawyers specialize in DUI charges while others specialize in violent crime. The more experience your attorney has in cases like your own, the better they will be at defending you. Be weary if the lawyer seems over-confident or promises certain outcomes. An experienced lawyer will not promise you that you’ll win your case or immediately suggest a course of action.

Get to Know the Team

Find out about the entire team who would represent you. Large firms may assign your case to someone low on the totem pole while the top lawyers are busy with other clients. It’s understandable that assistants and interns may work on researching your case, but you should know who will be representing you on your court date.

Cost

The cost of private lawyers varies. It is in your best interest to have an understanding of what will affect the cost. Most attorneys charge based on various factors. These factors include their level of experience, the nature of the charges, the complexity of the case, the jurisdiction in which the charges were filed, the length of the case, and whether or not expert witnesses are required. A less experienced attorney may offer a lower rate than a more experienced lawyer, however, you should expect to pay a reasonable fee. 

Public Defender or Private Attorney

The sixth amendment guarantees your right to an attorney. If you can’t afford one the court will appoint a lawyer. Though public defenders will often have more experience with a variety of cases, they are not like a private attorney that specializes in a specific area of criminal defense. Public defenders can also be overloaded with cases, so it’s good to get a private attorney if possible.

Delta Bail Bonds 

If you are stuck in jail, Delta Bail Bonds can help. We’re available 24/7 to post bail anywhere in the country as soon as possible. Our bail bondsmen have years of experience helping people like you, and we’re here to offer our advice and help you navigate the legal system with ease. Call or visit our website to get started on the bail bond process with Delta Bail Bonds today!

Skipping Bail and The Consequences

Purpose of Bail

Comprehending the purpose of bail will help you to understand why skipping court is such a serious offense. When you’re charged with a crime and placed in jail, your bail is the amount of money that you or a loved one can pay to get you out of jail until your court date. Your family member will pay the bail bond agent a certain percentage of the bail cost. The bail bond agent pays the full amount under the agreement that you will show up to all scheduled court dates.

Consequences of Skipping Bail

Skipping bail, or jumping bail means that you fail to appear at one of your scheduled court dates. There are consequences for skipping bail.

  • A warrant can be issued for your arrest. 
  • Your driver’s license can be suspended. 
  • You can be ineligible to be bailed out of jail in the future.
  • You will be charged with additional offenses, which can include failure to appear in court or contempt of court.
  • The amount of your bond can be increased, whether or not you’ve already posted bail.

Added Charges

Not only does skipping bail not eliminate any prior charges, but it will also most likely add at least one additional charge to your case because you did not appear. Certain judges might even issue a contempt of court ruling as well. You will be adding to your legal trouble directly if you chose to skip bail, not just prolong the case. Whatever you think about the nature of the criminal justice system, there really are no situations in which avoiding court will be the best option. If you’re found guilty of these charges, you can face additional fines and jail time.

No Future Bail

Once you are found and returned to jail, you can almost always forget about being allowed bail this time. Courts hardly ever allow bail to someone who faces a failure to appear charge as part of their case. If you happen to be arrested again later in your life on unrelated charges, you probably will not get bail assigned to you even if the charges are relatively minor – your previous failure to appear charge will remain on your record and the court will see it. They will almost certainly denying you bail as a result.

Reinstatement of Bail

If a person skips bail and turns themself in or is arrested for skipping bail, the court may reinstate bail. You must provide a good reason for skipping bail in order to receive reinstatement. You will want an attorney to help resolve this issue satisfactorily. If bail is reinstated, you will be given a new court date and the court agrees to return bail money if the defendant appears in court.

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 you’re unable to contact us yourself, call a friend or relative and ask them to do it for you.

What to Do After You Get Out On Bail

A bail bond is an insurance policy that assures the court appearances of an accused person. It does not determine guilt or innocence. Jail bonds are also known as surety bonds or bail bonds. Jail bonds are designed to get a loved one out of jail while they are awaiting trial. Getting out of jail does not mean the matter you were allegedly involved in has been resolved. You still have to go through a trial to defend your innocence.

What is bail?

Bail is money, property, or a bond that you pay to the court in exchange for your release from jail while awaiting trial. The purpose of bail is to ensure that you, once released, show up for future court dates. If you don’t appear back in court at the required time, the court can keep the money or property (called bail forfeiture) and issue a warrant for your arrest.

Conditions of bail

Some common conditions of bail are:

  • Not using any illegal substances or substances banned by court
  • Reporting to a probation officer for regular checkups
  • Submitting to a drug or alcohol test
  • (Until the trial) remaining in the state of Texas and sometimes within the jurisdiction 
  • Remaining a certain distance away from the crime victim

Conditions of bail are usually based on the nature of the crime. For example, someone caught in possession of marijuana or a controlled substance could be ordered to submit to a drug test. Failure to follow the conditions of bail can lead to other penalties, bail revocation, and forfeiture of bail.

It’s important to note that there is very little forgiveness given for a defendant found in violation of bail conditions. Normally, when a suspect violates even one condition of their bail, the judge will have the defendant’s bail bond revoked and they will immediately be taken back to jail until the date of the trial. Any bail already paid will most likely be lost. That is why it is so important to pay close attention to the conditions set by the judge or magistrate and take steps to carefully follow them.

Hire a criminal defense lawyer

If you have been arrested and are out on bond, hire an experienced criminal defense lawyer. It’s important to seek legal help when facing any criminal charges or proceedings. Trust your attorney! They will prepare the legal things needed for defending you. Trust your attorney to guide you through the different avenues so that your attorney can provide the best mitigating evidence at settlement negotiations or sentencing if you decide to take a plea deal.

The trial also gives you and your criminal defense lawyer a chance to face your accuser and cross-examine them. This can reveal holes in the State’s case against you and attempt to cast doubt on its evidence.

Delta Bail Bonds is here to help

When you’re out on bail, you’re allowed to remain at home until the trial process is over. Being released also enables you to prepare for your case, usually by working with a criminal defense attorney who knows how to challenge the allegations against you. 

A bail agreement is a serious commitment. Once you create a lack of trust, it is hard to earn it back. It is better to be in constant communication with your bond agent to avoid a messy situation. If you or a loved one are in need of bail, contact Delta Bail Bonds.

Potential Conditions to be Released on Bond

You were just released from jail on bond. You finally feel relief after the intense stress of the initial arrest and the time you spent in jail. Now that you’re out you are analyzing your life and what is next for you. There were conditions placed on your bail and it’s a little confusing. What do these stipulations mean?

There is almost always some type of condition set when you’re granted a bail bond. In order to maintain your freedom during this period, defendants are often required to meet certain conditions set by the court. Failure to meet these conditions could result in being arrested again and incarceration until trial. It can also mean the forfeiture of any bail money that has been paid to secure your release. These conditions normally include that you have no more violations of the law and that you comply with their court-mandated supervisor.

There may be other conditions attached as well including:

Court-Mandated Classes

A judge will often require that you attend classes or workshops as part of your bond conditions. These can include drug testing, counseling, anger management courses, or other behavioral classes.

Travel Restrictions

To ensure that defendants attend their hearing and to keep track of defendants who are released on bond, the court often requires defendants to remain within their local jurisdiction. These travel restrictions are common and strictly enforced. The service officers may use their discretion to grant occasional exceptions, such as permitting you to visit ill relatives or keep medical appointments..

Mandatory Check-ins

Judges often order mandatory check-ins to keep track of people released on bond. Similar to check-ins required for those on probation or parole. These appointments help the court know that the defendant is complying with all terms of release while free on bond.

No-Contact Orders

There are times when a judge will restrict your contact with people the court believes you may harm. “No-contact” or “stay away” orders are often used to prevent defendants in domestic abuse cases from harming, threatening, or attempting to influence family members.

Employment Requirements

The court may ask you to maintain your current job while free on bond, or to actively seek employment upon your release. Such stipulations help to assure the courts that you are pursuing legal means to provide for yourself and your family.

Staying Clean & Sober

The court may require you to refrain from drug or alcohol use while free on bond. This stipulation typically applies to defendants arrested and charged with drug- or alcohol-related crimes. This could also require drug testing while out.

Weapons Restrictions

A judge may require that you surrender all firearms and refrain from purchasing new firearms as a stipulation of bail. This restriction is common and can apply to people whose charges are not gun-related.

Make and Understand Bail With Delta Bail Bonds

At Delta Bail Bonds, we are here to help you and your loved one navigate the legal system with ease. When we bail you out, we’ll keep you alerted to upcoming court dates so you won’t have to forfeit your bond. Call Delta Bail Bonds today to get in touch with one of our bondsmen, and you’ll see why we’re the most trusted name in Dallas bail bond services.

Health Concerns in Local Jails

Health issues in jails have been a cause for concern for many years. Inmates who suffer from underlying medical conditions are at a higher risk of contracting illnesses. This is due to the cramped living conditions and use of communal resources. The pandemic has illuminated this problem as Covid-19 cases surge. Those living in close quarters spread it to other inmates and those working within the jail. Jails oftentimes aren’t able to enforce strict social distancing which increases the odds of getting Covid-19. The stress of getting arrested can also contribute to the likelihood of contracting the illness. This is because stress lowers your immune system’s defenses.

Covid-19

Cases of COVID-19 are rising quickly in Texas and across the country, and jails are no different. Reports paint a scary picture for people living and working inside Texas jails and prisons. The pandemic has emphasized how conditions in Texas jails aren’t sufficient to maintain public health. The people who reside within tend to be more at risk of contracting illnesses. Oftentimes, those who died from COVID-19 while locked up weren’t serving a life sentence and even more were still awaiting conviction. According to a study, 73% of inmates weren’t sentenced to life, and 80% of people who died from the virus while incarcerated weren’t convicted.

Family Contact

Your family can help you gather the necessary documentation to help keep you healthy after your arrest. If needed, they can gather your medical records and medication. to keep you healthy while you wait to be released from jail.

Communicate Health Concerns

If you have any underlying health problems or if you’re immunocompromised inform your booking officer. They need to know about your medical history so doctors can be alerted if there are any concerns that they need to watch for, if you’re on medication, or if you need medical help they can document it. If you were exposed to the Coronavirus, you should notify the booking officer so they can take the appropriate safety measures.

Get Bail Immediately

Getting released from jail as quickly as possible is the best way to avoid suffering from health setbacks. The quicker you can get bail and get out of jail, the sooner you can take charge of your health. 

Bondsmen are doing everything they can to work from home and reduce their exposure to other people so we can keep helping anyone who needs our services. We get to keep bailing you and your loved ones out of jail. No matter what happens, we’re committed to helping you get back to your life.

Be Safe while we Bail you Out

At Delta Bail Bonds, we care about keeping you and your loved ones safe. If anyone you know gets in trouble with the law, don’t hesitate to call us. Our experienced bail bondsmen will do everything they can to get you out of jail and back to your life. If you can’t afford to pay the entire bail, we’ll discuss a payment plan based on your income. We can bail you out of any jail in the country, so call us to get in contact with one of our bondsmen today!

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