Whether an arrest has occurred or a citation has been issued determines what happens next.
- If a citation has been issued, you are free to go at that point and you absolutely should go.
- Officers cannot detain you any longer once their business is done with an individual and an officer engaging in conversation with you after a citation may signal that the officer is awaiting some type of information or a canine officer. You should go.
- If an arrest has occurred, you will ultimately end up in front of a magistrate who will inform you whether a bond will be set in your matter[1].
Before you reach the magistrate, however, the officer may take you in to question you. It is imperative that, at this point, you ask for an attorney.
- Nobody but you can ask for the attorney for you – not parents, spouses, or anyone else. If you cannot get an attorney to come to you because one is not available, you must continue to assert that right.
- If the officers begin a conversation in your presence, ignore it as they may try different tactics to get you to talk to them. Officers are very adept at their profession because they have been taught by a lot of criminals and senior officers who have dealt with even more criminals.
When you reach the magistrate, you have a right to be heard on your bond. Although the magistrate may seem annoyed, you absolutely have the right to say positive things on your own behalf.
Once a bond is set, it will be one of three kinds: unsecured, secured, or cash.
- An unsecured bond is often referred to as ROR (released on recognizance), but they are actually different. An unsecured bond means the money only needs to be posted if the accused does not show for a court date.
- ROR means a bond will only be set at the time the accused does not show for a court date.
- A secured bond is exactly what it sounds like; a security must be posted for the release of the accused. A secured bond can be posted using:
- Property, within the state, that is not owned by the accused, or
- By a bondsperson – a bondsperson can require a non-refundable premium of up to 15% of the bond, or
- Money, either cash, money order, or cashier’s check, posted in the amount of the bond.
A cash bond can actually be one of two kinds – either a cash, or cash only. If the magistrate tells you it is a cash bond, a surety bondsman can actually post that bond. If it is a cash only bond, then the amount of cash of the bond is required before the accused can be released.
Now that you're out of jail, it's time to get ready for court. Try to write down everything you recall that you believe is relevant to the charge(s) you received. Bring those to your appointment with us and be prepared to take notes. We will get you ready for the best possible outcome in your case!
[1]“Although most matters will receive conditions of release including a bond at the magistrate, there are certain crimes to include alleged first degree murders and all domestic situations that require a judge set the initial bond at the appropriate time (not to exceed forty-eight hours in domestic matters not involving murder