The Court Process and What to Know About Bail Conditions
After seeing a couple of crime movies, you’ll have a pretty good understanding of what the arrest and court process is. But when you’re going through it yourself, it’s an experience like no other and it’s nearly impossible to simply compare it with a movie. Whether you were arrested for a DUI, robbery, or possession of drugs, it’s a scary and overwhelming process.
At ASAP Bail Bonds in Gwinnett County, our team of bail bondsman have helped dozens of defendants get through this process with as little stress as possible. We strive to guide our clients through the court system, making sure that they understand their responsibilities, that they appear at their scheduled court hearing, and more. We offer professional and discreet services regardless of your situation. If you or a loved one has been arrested and are in need of a bail bondsman, get in touch with ASAP Bail Bonds today.
The Court Process From the Arrest to the Bail Hearing
The Arrest
At the time of the arrest, it’s often a very hectic and confusing time. You may want to defend yourself to the police officer, but it’s always best to remain silent and act respectfully toward the officer. Here are some more tips on how to interact with an officer during and after an arrest. When an arrest is made, you will be taken into custody by the police and you will be driven to the police station. There, you will go through the booking process. If no formal charges are filed, then the police officer can release you. However, if charges are filed, you will remain in custody until you can be released on bail, the judge renders a verdict, or the case is resolved entirely.
Booking
The booking process involves a series of administrative tasks, including taking your photo, recording your name, age, and date of birth, taking fingerprints, and conducting a warrant search. When these steps have been completed, you will be placed in a holding area until a bail amount is set or, depending on the crime, until a judge can hear your case and determine the next course of action.
Post-Arrest Custody or Pretrial Release
What happens next greatly depends on the severity of the crime and if the defendant has a criminal record. Generally, there are three things that could happen:
Release: If the police officer on duty determines that the defendant is not a flight risk, isn’t a danger to the community, and the crime committed was a low-level crime, such as petty larceny, the defendant may be released with a written notice to appear at court.
Release After Paying Bail: The police can issue a bail amount based on existing bail schedules and the defendant can be released when the bail has been paid, either by themselves, a friend, family member, or acquaintance, or a bail bond company.
Remain in Custody: If the crime is severe enough, such as violent crimes, the police officer can decide to keep the defendant in custody until a bail hearing can be scheduled.
Bail Hearings
The purpose of a bail hearing is to set a bail amount, which can be determined through a variety of factors, such as a flight risk, family obligations, criminal history, severity of the crime, public safety, and more. Depending on the case and county, there is an opportunity for the defendant or their lawyer to make a case for a reduced bail amount. However, the prosecution can also make a case for increasing the bail amount. Also at the hearing, the judge will lay out several conditions if the defendant is released on bail.
Bail Conditions
Setting a bail amount and imposing terms and conditions are all meant to ensure that the defendant shows up at their court hearing. If the judge determines certain conditions need to be placed, they may do so. When the defendant is released and if these conditions are violated, they can be taken back into custody and will forfeit any bail they have paid. If you have any questions about how the bail bonds process works, get in touch with the team at ASAP Bail Bonds in Gwinnett County. We’re here to help you through this process.
Possible Bail Conditions Include:
- Pretrial Check-ins: Similar to a probation officer, defendants may need to check in with pretrial services officers to ensure that the defendant is following other conditions of bail.
- No-Contact Orders: In cases that involve domestic violence, stalking, or making criminal threats, the judge may impose a no-contact order, which requires that the defendant refrain from communication or trying to come in contact with victims of the crime.
- Employment: When a defendant is released on bail and is employed, a possible condition of bail is that they remain employed. If they are not currently employed at the time, they must try to find employment.
- Travel Restrictions: To restrict the possibility of the defendant fleeing the area, the judge can impose a no travel restriction, which keeps them within the town, county, or state. If there are extenuating circumstances that requires the defendant to leave the area, they can ask their pretrial services officer.
- Substance Abuse: This condition is typically imposed in a majority of cases, but especially for those involving the use, possession, sale, or manufacture of drugs, alcohol, or other controlled substances.
- Firearms Restrictions: For cases that didn’t involve firearms, the judge can impose a no firearm restriction that limits the use, purchase, or sale of any firearms.
Being arrested and taken into custody is stressful and hectic, but with help from ASAP Bail Bonds, we’ll make it as straightforward as possible. When you arrive at the station and after you have gone through the booking process, if a bail amount has been set, don’t hesitate to contact our Gwinnett County bail bond company. Bail amounts can be significant, making it incredibly challenging to come up with the money. If you need help, you can rely on our professional bail bonds services.
Give ASAP Bail Bonds a call if you need help posting bail or need guidance throughout the court process.