When you are arrested for a DUI, the law enforcement can set a bail. This is a sum of money that is paid by a friend, relative, or by you personally. If you pay the sum that was set, then you can leave the jail and stay at home until your court trial. Anyone can help someone else out by paying their bail. If you or a loved one can’t pay your bail, then you can also contact a bail bondsman. This is a sort of loan, where the bondsman will pay for you to get out of jail for a lesser fee. The bail bond fee is normally about 10 percent of the actual amount.
When you are first arrested on suspicion of a DUI, you will be read your Miranda Rights. These are the warnings that you have the right to remain silent, and that anything that you say could be used against you in a court of law. You will also be told that you have the right to an attorney and if you can’t afford one the court will provide one for you. After you are read these rights you will be placed in the police car and taken to a local jail where you will be “booked.” Bail is a right that is protected by the U.S. Constitution. When you pay bail, you are ensuring that you will show up for all required court appearances. In this way, bail is often known as a “surety bond.”
Almost every person who is arrested on suspicion of a DUI has the ability to “post bail.” This is the term used for when you pay the surety bond and go home to await you trial. If the police feel that they may not want you to post bail, then they can hold a bail hearing after you have been booked at jail. Dangerous criminals may be held in incarceration so that they don’t harm anyone else while they are waiting for their sentence. In some cases, when an accused person is trustworthy, then he or she might be released “on his own recognizance.” This means that the person does not need to post bail. This is a special privilege for people that show extreme remorse over their crime and have a good standing with others in society.
Other times, the police won’t release you right away. If a bail hearing is needed, then the police will probably organize it for 24-48 hours after the arrest. During this time you will need to wait in the jail. FI you hire a bail bondsman to help you or call your attorney, you may be able to get the process going faster. At the hearing, a judge will consider a variety of factors including the nature of your crime, your criminal history, your financial resources and your ties to the community. The judge will also evaluate your attitude. Sometimes a witness will come to the bail hearing to testify on the defendant’s behalf. For example, if there was a passenger in the car when the DUI arrest occurred, that person may be willing to come to the suspect’s aid.
Some of the best witnesses include family members, doctors, teachers, counselors, employers, landlords, or anyone else that can testify to your responsible nature and good character. You will want to have an attorney at your bail hearing to fight for you as well. In addition, it may be good present school records or reference letters to the court to show that you have good character. Skilled representation and caring witnesses can make or break a bail trial. Once the judge has listened and evaluated the trial, then he or she will make a ruling. If the defendant poses threat to the community or seems likely to flee before court appearances, then that person will be held in the jail.
On the other hand, if a DUI defendant seems responsible, then he or she may be released on an unsecured bond. This means that the arrested individual doesn’t need to pay the bail up front but will need to pay the money if he or she doesn’t show up for trial. The judge might also decide to set the amount for a cash bail or a bail bond and set conditions for your release. If a cash bond is required the defendant will be able to go home once the bail is posted. If the defendant can’t afford the bail then he or she will probably have to call a bail bondsman to help.