The Law Offices of Dennis P. Biancanello can help you in your time of need. Listed below is how the Criminal Justice System works and why it may be very important to retain an attorney to represent you in all of the proceedings below.
When someone is arrested, the criminal process will vary, depending on whether they are charged with a misdemeanor or a felony. A misdemeanor case is one where the maximum punishment is one year in county jail, a fine, or combination of jail and a fine. In a felony case, the punishment can be much more severe, and can include confinement in state prison, or even in death penalty cases, death.
When you or someone you care about is arrested, we know that one of the first things you want to do is get them out. Well, how you get them out? How about bail? Can it be lowered? Or can he be released on his own recognizance (R.O.R.)?
In general, when someone is arrested for an infraction or misdemeanor, they may be released with a citation based upon their promise to appear in court on the date scheduled. They are released on their "own recognizance" to appear at all future court dates. If they go to all court appearances, then they never have to worry about bail or being in custody while their case is being resolved. But if they fail to appear in court, a bench warrant will be issued for their arrest and they can be charged with a failure to appear.
Bail is usually more of an issue when it comes to arrests for felonies. In these types of cases, bail is usually set depending upon the person's past criminal record and their standing and ties in the community. While it is possible to be released on their own recognizance, a bail hearing may be required.
Bail may be posted directly with the court clerk or law enforcement agency having custody of the defendant. Or a bail bondsman may be used. Usually a bail bondsman will require a fee of around 10% of the amount of the bail. The bail bondsman may also require collateral to secure the bond.
The experienced Law Offices of Dennis P. Biancanello can be extremely helpful in getting bail reduced, or helping a defendant get released on his or her own recognizance.
