Know Your Rights
Know Your Rights
You have a right to retain legal counsel. Any person arrested and/or charged with a crime has the right to hire a lawyer to represent them. In a case in which a person wishes to turn themselves in on an outstanding arrest warrant, an attorney is advisable. A lawyer can use your voluntary surrender as an advantage to your case. They can negotiate pretrial releases and restrictions, bail amounts, and even start working on your case before you get to the jail. An attorney can come with you to turn yourself in and speak directly with the commissioner or judge in charge of setting the bail amount. They can give the commissioner or judge more background information on your history and criminal record that may result in a lower bail amount. If you are not represented by an attorney and turn yourself in on your own, the judge will only see the allegations against you and set bail according to that alone.
If you decide to hire a lawyer, your rights extend to the following:
As mentioned before, bail can be predetermined and possibly negotiated through your attorney. When a warrant is given, the bail can sometimes already be set with it. However, in most cases you have to attend a hearing to see how much bail you have to pay, or not have to pay. There, you have the right to use your volunteer turn-in as an asset in setting the bail amount. The lawyer handles this part. The bail hearing itself is called an initial determination, and can take place either before or after your arrest. At this hearing is also where you will utilize your right to have an attorney present, and speak on your behalf. You have a right to bring along a bail bondsman, or bail money, to make the process even smoother and quicker.
Part of the initial hearing is to set bail restrictions, or conditions in which you have to live by if you want to make bail. You have the right to have your attorney negotiate these restrictions for you. Examples of restrictions include, but are not limited to:
- No substance use including alcohol
- Suspended driving privileges
- Limited travel capability
- Mandatory court appearances
- No possession or use of firearms
- Must give 24 hour notice of change of address
- Refrain from any criminal activity
Before being released on bail, you must agree to any and all conditions issued by the court. If you do not agree, you have to remain in jail until your next court date. This can take anywhere from 1-30 days depending on the courts.
Requesting a Review of Bail
Sometimes when a warrant is issued, a judge will pre-rule that no bail is allowed. And when this happens, not even the best attorney can get this order lifted. In this case, you still have rights. You have the right to file a motion to review bail with the courts, using the fact that you turned yourself in as an arguing point. This strategy has proven effective in the past.
Or you can just give us a call and we will help answer any questions you may have about recent arrest. Woods Bail Bonds of Indiana has been a local bail bondsman in Indianapolis, Indiana for over 30 years. We are up to date on all the recent law changes and can give you free advice on how to handle your bail situation. Give us a call today or check out our Indianapolis Bail Bonds website for more information.
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