what happens when you hire a lawyer to get you out of jail instead of a bondsman

by Berry Bernier 5 min read

Your attorney can appear in court on your behalf and argue to reduce your charges and, subsequently, your bail, so it’s easier for you or your family to pay. In some cases, your lawyer can post an “attorney bond,” taking the bondsman out of the equation. Again, this speeds up the process. Contact a Criminal Defense Attorney

Full Answer

Do I need a lawyer to get out of jail?

Your attorney can appear in court on your behalf and argue to reduce your charges and, subsequently, your bail, so it’s easier for you or your family to pay. In some cases, your lawyer can post an “attorney bond,” taking the bondsman out of …

Do you have to pay bail to get out of jail?

Mar 28, 2020 · An authorized bail bondsman can give a sheltered and make sure about discharge from prison, 24 hours every day and 7 days per week. Be that as it may, being discharged from prison doesn’t mean an individual is free. They are as yet required to show up for their underlying hearing to decide if they are liable of said wrongdoing.

Do I need an attorney to post bail or get out?

No, an attorney is not needed to post bail or to get a defendant out of jail. However, a defendant charged with a crime that results in a prison or jail term is entitled to counsel. And a defendant being questioned about matters relating to an alleged crime may request an attorney be present. In these situations, if the defendant cannot afford an attorney, the court will appoint one.

What happens if I don't hire an attorney?

Feb 19, 2020 · In many cases, the secret to keeping a client out of jail and obtaining the best possible result is preparation, organization, and proactivity. A retained lawyer can start the process of collecting favorable evidence, preparing a defense, advising the client to take mitigating measures (like therapy, AA, polygraph tests, forensic evaluations ...

What is it called when you pay for someone to get out of jail?

Bail is cash, a bond, or property that an arrested person gives to a court to ensure that he or she will appear in court when ordered to do so. If the defendant doesn't show up, the court may keep the bail and issue a warrant for the defendant's arrest.

How long can you be held without bond in Alabama?

No person or defendant shall remain in jail anywhere in this state for more than 24 hours for any felony or misdemeanor case without an order of bail, unless bail is not authorized by law.

Can you go to jail for not paying bail bonds in California?

Can you go to jail for not paying bail bonds? The answer is yes. If you don't hold up your end of the bargain, the bond company can remand you back into custody.

Do you get bail money back in California?

As long as you attend all of your court appearances, your cash bail amount will be returned. However, some cases can last for a year or more, and you will not be able use or invest the money in any way.

How long do you go to jail for failure to appear in Alabama?

Failure to Appear in a Misdemeanor or Felony Case

(Ala. Code §13A-10-39.) Bail jumping in the first degree is a Class C felony, punishable by one year and one day or up to ten years in prison and a fine up to $15,000.

How long can you be held in jail before seeing a judge in Alabama?

Even so, if the person cannot obtain his or her release, the person is entitled to go before a judge or magistrate within 72 hours after arrest for an initial appearance, unless the arrest is pursuant to a warrant issued on an indictment, in which case authority to set or to review release conditions is reserved to the ...

What is the new bail law in California?

In 2018, California lawmakers passed a law that would have ended cash bail, and that is driving new proposed legislation to set bail at $0 for misdemeanors and low-level felonies. A California judicial order has temporarily set bail at $0 for lower-level offenses during the coronavirus pandemic.Mar 26, 2021

Do you get bail money back if guilty?

If you paid the bail directly to the court, they will refund you the bail money you posted even if you're found guilty. If you paid a premium to a bondsman, the amount you paid is nonrefundable.

Does bail bond affect credit score?

Many people think that co-signing for a bail bond will ruin your credit. Actually, a bail bond will not cause dings on your credit score just because you paid the bail. Bail bond companies can however conduct a credit check before allowing you to get a bail bond to make sure that you're a reliable co-signer.

What's the difference between bail and bond?

Bail is the money a defendant must pay in order to get out of jail. A bond is posted on a defendant's behalf, usually by a bail bond company, to secure his or her release. Defendants with pending warrants are usually not eligible for bail.Oct 15, 2021

Can you bail yourself out of jail in California?

To answer the question, yes — you can bail yourself out of jail. If you have the means to do so, then you can. However, in many cases, this is very difficult. Bail can be a rather large dollar amount, and people won't always have this amount of cash ready at a moment's notice.Apr 24, 2020

What percentage of bail do you pay in California?

10%
Bail Prices

In California, a bail bond generally costs 10%, which is mandated by law and set by the California Department of Insurance. The bail fee, or premium, is a non-refundable percentage of the total amount of the bail. Simply, if the bail amount is $10,000, the bail bond fee will be $1,000.

How Do You Get Someone Out of Jail?

The key to getting someone out of jail usually involvespaying bail. But before being released, a defendant must complete the bookingprocess, a bure...

Do You Need An Attorney to Get Out of Jail?

No, an attorney is not needed to post bail or to get adefendant out of jail. However, a defendant charged with a crime that resultsin a prison or j...

What’S The Order of Events?

The timeline may go as follows: 1. The defendant is arrested. 2. The defendant is taken to the police station andbooked. 3. After booking, the defe...

Does A Defendant Always Have to Pay Bail?

No, sometimes, after considering factors such as theseriousness of the crime, the lack of a criminal record, and the defendant’sfamily relationship...

Are There Any Dangers in Posting Bail For Someone else?

Yes, if the defendant fails to show up for the scheduledtrial date or hearing, bail is forfeited and whatever was paid (or “posted”) willbe subject...

What Is A Bail Bond Service?

A bail bond service is similar to a loan company. In returnfor paying a non-refundable fee (known as a “premium” and typically ten percentof the bo...

Giving Up Rights to Get Freedom

Regardless of whether a defendant is released onbail or released without bail, the defendant must abide by certain conditionsor be subject to re-ar...

What happens if a defendant accepts bail?

After booking, the defendant may be offered to option to pay bail based on a schedule of common crimes—for example, $500 for a nonviolent misdemeanor. If the defendant accepts this option and pays bail, the defendant is released.

Do you have to pay bail before release?

In some instances, no bail is required for release (as explained below). Usually, though, a court will require payment of bail before release.

What happens if you can't afford an attorney?

In these situations, if the defendant cannot afford an attorney, the court will appoint one. ( Read more about criminal defense counsel .) The advantage of retaining an attorney at the time of arrest is that the attorney may be able to get the bail reduced or get charges reduced (resulting in lower bail).

What is bail in court?

Bail is security (money or property) that a defendant posts with a court . The payment does two things: It grants the defendant freedom (at least until the date of trial); and it discourages the defendant from skipping town (or the trial).

What happens if a defendant doesn't show up for trial?

If the defendant doesn't show up as planned, the money or property is forfeited and the defendant is subject to arrest, again.

Can a person be released without bail?

No, sometimes, after considering factors such as the seriousness of the crime, the lack of a criminal record, and the defendant's family relationship and community standing, a judge will permit the defendant to be released without bail (referred to as a "release O.R." or a release on own recognizance ).

What happens if you post bail?

There are additional financial costs and risks if you use a bail bond service (see below). If you post bail for someone, you might also have to answer questions in court as to the source of the money used to pay bail.

Why do people hire criminal defense lawyers?

One of the main reasons people hire an experienced criminal defense attorney, as opposed to representing themselves or waiting for the court to appoint an attorney, is because they are concerned about jail time. You would want to personally discuss this question and your other concerns with an attorney because the best defense, in any case, is unique and tailored to each client and each case. A good and caring lawyer will take the time to listen to your concerns and talk with you about what strategy might be best to avoid a conviction and jail sentence. The options and strategies at a lawyer’s disposal are only limited by their will to fight for the client and that person’s experience.

How to keep a client out of jail?

In many cases, the secret to keeping a client out of jail and obtaining the best possible result is preparation, organization, and proactivity. A retained lawyer can start the process of collecting favorable evidence, preparing a defense, advising the client to take mitigating measures (like therapy, AA, polygraph tests, forensic evaluations, and more), and a retained attorney can begin this process either before charges are filed or early on in the case. You will not be given a court-appointed lawyer during an investigation. The lack of counsel can result in police officers collecting evidence against you that could have been avoided. Additionally, lack of counsel can result in a missed opportunity to prevent the charge from ever going to court. A seasoned, successful attorney will know how to collect favorable evidence that can be used to defend you before it is altered or destroyed.#N#Additionally, only retained counsel can negotiate with the police before charges are filed to avoid or reduce potential criminal charges. Finally, a retained attorney can obtain an agreement from the police not to make an arrest and permit the defendant to self-surrender and get a personal or lower bond. Failure to hire experienced and effective retained counsel at the beginning of a case can result in an unnecessarily high bond and your incarceration through the pendency of the case.

Can incarceration be avoided?

Incarceration Can Be Avoided in Most Cases If the Defendant Receives Superior Legal Representation. When someone is under investigation or charged with a crime, it is normal to be afraid and concerned about many different things.

How to find a good lawyer?

The first step in finding the best possible lawyer to represent you begins with deciding what type of lawyer you need. You need to consider whether you need a general practice attorney, a bargain lawyer, or a criminal defense specialist. For instance, imagine for a moment that a person is suffering from a serious heart condition. If that person wants the best medical care, should he seek a general, family-style doctor or a cardiologist? For anything important in your life, you would like a specialist. Seeking representation on a criminal charge can be viewed similarly. Once you figure out the type of lawyer best suited to your situation, you can meet with one or more lawyers and choose the person that is the best fit for you and your circumstances. You would want someone specializing in defending people on felony and misdemeanor cases and has a track record of winning in court. A criminal defense specialist is an attorney whose legal practice is dedicated entirely to criminal defense and nothing else.

How to find a lawyer to represent you?

The first step in finding the best possible lawyer to represent you begins with deciding what type of lawyer you need. You need to consider whether you need a general practice attorney, a bargain lawyer, or a criminal defense specialist. For instance, imagine for a moment that a person is suffering from a serious heart condition.

What is a criminal defense specialist?

A criminal defense specialist is an attorney whose legal practice is dedicated entirely to criminal defense and nothing else.

What is retained attorney?

A retained lawyer can start the process of collecting favorable evidence, preparing a defense, advising the client to take mitigating measures (like therapy, AA, polygraph tests, forensic evaluations, and more), and a retained attorney can begin this process either before charges are filed or early on in the case.

Norman J. Silverman

The test is whether you are indigent. Being bonded out by someone other than your spouse does not effect your indigence. A few years ago, it was common for Houston judges to jail defendants that made bond and were then unable to hire lawyers.

Todd Gregory Lehn

Yes, you should be able to keep that lawyer. It happens all the time in my area.

Lucio Antonio Montes

Like attorney Yzaguirre stated, there is no rule that prohibits you from keeping the court appointed attorney, however many judges in Harris County will make you prove that you are truly indigent. Many have a financial information form and some will make you bring pay check stubs and other proof of income and expenses.

Humberto Yzaguirre Jr

There is no law saying you can't keep him. It is my experience that most judges will let you keep your court appointed lawyer even if you post bond. You may have to show that you are indeed indigent and can't afford to hire an attorney, in spite of having money to post the bond.

What happens if you can't afford bail?

If a defendant can't afford to post bail or a bail bond and is unable to get out of jail, some states allow or require a bail review hearing . At this hearing, the judge will typically consider the defendant's ability (or inability) to pay bail and examine the defendant's financial resources as well as responsibilities (such as childcare and rent).

Can a judge raise bail?

While this option speeds up the release process, the defendant will need to pay the amount listed in the bail schedule and won't be able to argue for an amount lower than what's listed. Only a judge or magistrate can raise or lower (or waive) bail at a hearing.

What is bail in court?

Bail is money, property, or a bond paid to the court in exchange for a defendant's release from jail while awaiting trial. The purpose of bail is to ensure that defendants, once released, show up for future court dates. If the defendant doesn't appear back in court at the required time, the court can keep the money or property ...

What is the purpose of bail?

The purpose of bail is to ensure that defendants, once released, show up for future court dates. If the defendant doesn'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 the defendant's arrest. We've all seen bail play out in the movies: You get a phone call in ...

What happens if a defendant doesn't appear in court?

If the defendant doesn'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 the defendant's arrest. We've all seen bail play out in the movies: You get a phone call in the middle of the night.

What is the bail schedule?

A bail schedule lists standard bail amounts for common criminal charges in that jurisdiction.

What are the conditions of release?

Other common conditions of release include stay-away orders (to protect victims), passport surrender, weapons prohibitions, and a general order not to break any laws.

What happens if you don't have an attorney?

If you don't, or want to hire your own attorney, the judge will give you a short amount of time to hire one.

What happens if you appear before a judge without a lawyer?

If you appear before a judge without a lawyer, and you were already advised to your right to counsel, a Judge could determine that you waived your right to an attorney and try you without counsel. On the other hand, a judge could give you a postponement to get an attorney.

What to do if you don't qualify for unemployment?

Proof of unemployment or other government assistance will be extremely helpful. If you don't qualify, the case will be reset to give you time to get someone hired.