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When You Get Arrested, What Happens?

We’ve all seen it in movies or on television. An unsuspecting person is out running errands or having fun when they are suddenly arrested by police officers. Usually they skip all of the technical things that happen between a person being handcuffed and that same person sitting in a jail cell. There may come a time when you find police taking you into their custody. Here are some of the things you can expect if you find yourself under arrest.

Before Your Arrest

There are several things that can lead up to or cause your arrest.

Man arrested by police

After bail is set, our team can get you back out of lockup in no time.

With a Warrant If the police suspect you have committed a crime, authorities will appear before a judge and get a warrant for your arrest. This requires probable cause, an affidavit, speaking with a prosecutor, having a judge sign off on the warrant, and filing all of the paperwork with the clerk. They will then attempt to track you down and arrest you to determine your innocence or guilt. Warrants and when they’re required vary from state to state. However, in most non-emergency cases, police will not try to enter your home to arrest you without a warrant.

Without a Warrant You can be arrested without a warrant if police officers feel they have probable cause. If a felony crime suspect is in a public place, an arrest warrant isn’t necessary. If police witness you committing a crime, they can arrest you without a warrant. When a police officer believes they have enough probable cause that you have or will commit a crime, they can detain you.

What Happens When You’re Arrested?

If you see police approaching you to arrest you, there are several steps you can follow to keep the process simple and safe for everyone involved.

If an officer orders you to do something, comply to the best of your ability. Do not argue or become physically erratic. If you haven’t committed a crime, but attempt to keep yourself from being arrested, police may attempt to charge you with resisting arrest. It may also result in being hurt during your arrest.

Don’t run, argue, or fight back. All of these things could cause police to perceive you as guilty, even if you only react out of fear. If you try to talk to officers while they are speaking to you, you may miss out on key information regarding your rights, or the reason for your arrest.

Arrested, Charged, or Detained?

Man is detained by police

After your loved ones get your call from detention, their next call should be to us.

Police can detain you or any suspect for up to 24 hours without filing charges and making an official arrest. They can apply with the courts to hold you for longer, up to 96 hours, if you are suspected of committing a serious crime. The only exception to this rule is terrorism. If someone is suspected of plotting or committing a terrorist act, police can hold them for up to 2 weeks. However, if they cannot provide probable cause to charge you, they must release you. But are arrested and detained the same thing? No. Technically, you can be detained, or held, without being charged with a crime. Officers take this time to gather evidence of a suspect’s innocence or guilt. An arrest involves police officers charging you with a crime. You will then be “booked,” or processed, into the system. During this time, a suspect may be interrogated, or just held while evidence is gathered. Being arrested means being charged with a crime, processed, and awaiting a future trial.

What rights do you have when arrested?

The police advise you of part of your rights when taking you into custody by reciting the Miranda warning. But there are rules police officers have to adhere to while you’re in their custody.

  • The Right to Remain Silent This is the first right you’re advised of. The best option is not to speak until you have a lawyer present.
  • Anything You Say Can and Will Be Used Against You in Court Whether you plead innocence, threaten the arresting officer, or start singing the last song you heard on the radio, it will be part of the arrest report submitted to the courts if you have to meet with a judge.
  • The Right to Speak to an Attorney Legal counsel helps ensure you don’t incriminate yourself, or say anything that would hinder the investigation of your innocence.
  • The Right to Have an Attorney Present During Questioning This is to ensure officers don’t abuse their authority or violate the rights of someone in their custody. It also helps suspects of knowing their legal rights during the interrogation.
  • If You Cannot Afford an Attorney, the Court Will Appoint You a Public Defender Everyone has the right to an attorney, no matter their fiscal circumstance. This is to ensure that everyone is treated the same under the law, regardless of fiscal means.

But do you have the right to make a phone call when arrested? If police have charged you with a crime and have processed you, then you have the right to complete a reasonable amount of phone calls either at the station, or where you are being held. If it is physically impossible, then officers will make accommodations to the best of their abilities as the means become available.

Can You Be Arrested and Not Charged?

Yes, it is possible. The easiest way to determine if you’ve been arrested or charged is to look at where you are in the arrest process. An arrest is not proof of guilt. After an arrest, the prosecutor is responsible for charging suspects with crimes. If the prosecutor assigned to your case does not believe there is enough evidence to convince a jury of a suspect’s guilt, they can choose to not charge them. If that is the case, the suspect will be arrested and released, but without the court charging them with a crime.

After Processing

Two people speak to judge in a courtroom

Our services mean you can spend your time at home while you wait for your day in court.

After police process you in to the system, your phone calls have been made, and all paperwork has been straightened out, one of two things will happen. The police will either release you with the knowledge that you will have to appear in court at a later date, or the court will set a date for a bail hearing. The severity of the alleged crime determines which happens. At a bail hearing, the court decides whether or not a suspect will run instead of appearing before the court at the appointed time and date. If the judge decides you’re not a flight risk, they set a bail amount that you can post and potentially be released before the trial date. Suspects in custody can be released at this point, provided the required conditions are met.

Do arrests show up on background checks? Mostly yes. This is one of the reasons companies will ask if a potential employee has ever been arrested before, and if the charges were dropped or not. Courts report arrest records, even if the charges were dropped or the verdict was “not guilty.”

How does bail work?

Bail has to be paid in cash. Most suspects do not have the cash to pay their bail on hand, so they have to rely on family members or friends to get the funds together to post bail. This can cause complications, especially in a place the size of Southern California. Sometimes it’s difficult to locate which police department has your loved one in custody, or their contact information. But if you pay the full bail amount, the court releases you from custody until your hearing. If you are found innocent, the court refunds your bail money to you. If you don’t have the entire amount of bail money, you can go through a bail bondsman. Essentially you pay a percentage of the posted bail amount to the bail bond company, and they act as insurance. They state they will pay the full bail amount if you miss a court date, or are arrested again while out on bail. Bail conditions violations are viewed as roughly the same as probation violations.

If you’re out on bail, stick to the conditions put forward by the court. They could be very strict depending on the severity of the crime. However, violating the conditions of bails means the court can revoke your bail and send you back to jail to wait for your court date.

If you or someone you know need advice involving about their arrest, or information about how to post bail in Santa Ana, CA for themselves or a loved one, contact the professionals of Alvarado Bail Bonds at 888-866-8376.

What Your Bond Type Means

County Lockup

A Bail Bond Allows an Individual To Be Released From Jail Pending Their First Court Appearance.

Bail bonds provide a critical function in our justice system these days, and they supply invaluable help for those accused of crimes. Unfortunately, not everyone understands the bail process and the incredible usefulness of bail bonds. Today, we’ll break down some of the most frequently asked questions about bail bonds, explain how they work, and outline some of their conditions. After reading through, you should have a firm grasp of key bail concepts and know what to do if a loved one is arrested for a crime.

Is a Bond Different From Bail?

Bail is the cash amount or property value that must be provided for a crime suspect to be released from jail, prior to their court trial. A bail bond is a portion of the total bail price that is provided by a bonding service in exchange for a subject’s release from jail. When a bail bondsman posts a bond, it also means they will ensure the subject’s return to court for their scheduled appearances.

How Does a Bail Bond Work?

When an arrested individual is provided a price for bail, they can either pay the full price by themselves, or they can request a bail bond agent to pay a bond on their behalf. An agent of their choice is summoned, who then signs a bond agreement. They assume a great deal of financial risk to assure the court you will return for your specified dates.

What Happens When You Pay a Bail Bond?

As soon as the agent activates the bail bond, you (or your loved one) should be released from prison immediately. Your agent will then discuss your scheduled court appearances with you, inform you what happens if you don’t arrive on time on those dates, then let you go on your way. You’ll be able to continue working and living at home until your trial. This allows you to continue earning income and greatly reduces stress for your loved ones.

What Happens if You Can’t Make Bail?

Waiting in Jail Without Bail

If You Can’t Pay Bail, Call a Bondsman. Otherwise, You Will Have to Wait in Jail Before Trial.

If bail will not (or cannot) be paid, the suspect in question is held in lockup until the time of their trial. Not everyone can afford the full price of bail. In that’s the case for your family, you can request the services of a bail bondsman. You will have to pay them a nonrefundable percentage of the total bail cost, but this is typically much more manageable.

In certain cases, a judge may decide to withhold bail. That means that the offending individual cannot be released on bail. This action is reserved for cases where the suspect is thought to be a flight risk or an imminent threat to the community. Bail is more commonly withheld from repeat offenders.

What are the Types of Bail Bonds?

Bail can be difficult to understand, especially since there are all types of bail bonds available these days! Some of the most frequently used types include:

  • Surety Bonds
  • Federal Bail
  • Appeals Bail
  • Immigration Bail
  • Property Bonds
  • Cash Bonds

Surety bonds cover the vast majority of bonding cases. When a bonding agent posts bail for you, they provide assurances that you will indeed return to court as scheduled.

Federal bail bonds act in pretty much the same way as surety bonds, only the crime involved is related to a federal case and the agent agrees to return you to a federal court.

Appeal bonding is reserved for those who have just lost a court case but wish to file an appeal to a higher court. The bond is generally priced to match or lightly exceed the amount agreed upon in the outcome of the lesser court. In simple terms, if someone loses a case and their fine is set at $5000, they must pay a bond of $5000 (or higher) when they file an appeal. If they lose their appeal, the bond money is forfeit.

Immigration bonds are a type of surety bond that is paid in the case of a detained illegal immigrant.

Property bonds use a piece of a defendant’s (or family member’s) property as collateral for bail. If the individual fails to appear in court, the court may move to foreclose on the property.

Cash bonds are for cases where a judge setting the price of bail demands that the amount be paid in full from the start. Some bail bond companies provide cash bonds to help individuals cover the cost and the amount is paid back to the agency over time.

Additional Questions About Bail Bonds

Can You Bail Yourself Out of Jail?

Outside a Police Station

Even After Bail is Paid, an Arrested Person Must Still Appear on Their Scheduled Court Dates.

Yes! Unless a judge withholds bail or places unusual bail conditions, you or your family should be allowed to pay the full price of bail for your pre-trial release.

Can You Bail Someone Out of Jail if They Have a Warrant?

If a friend or family member is served a warrant and arrested, you have the option (in most cases) to pay the money for their release on bail. Should they fail to appear in court however, you will forfeit the money or property you provided.

Can a Bench Warrant Be Dropped?

A bench warrant is issued by a judge or magistrate when a person scheduled to appear in court fails to do so. There is only one way for a bench warrant to be canceled. You and/or your legal council must go before the judge and explain your reason(s) for not appearing as mandated. If your reasons are valid, the judge may lift the warrant.

Call Our Bonding Service Today!

Are you or a loved one in need of bail assistance? At Alvarado Bail Bonds, we strive to provide affordable and reliable service for all your bail bonds needs. To learn more, contact our team at 888-866-8376!

 

 

When Weekend Fun Turns Serious

Nobody ever goes out on a Saturday night with the intention of getting into trouble. But inevitably, it will happen. Someone will get into an argument, fight, or another predicament that ends up with a misdemeanor or even felony charge and sometimes jail. When your fun weekend activities end up behind bars, a good bondsman can help turn a nightmare into a short bad dream that ends quickly.

What to do When You Find Yourself in Trouble

Typically, partygoers are charged with misdemeanor offenses like public intoxication and disorderly conduct when a situation breaks out. They are also commonly charged with crimes like DUI or reckless driving when caught behind the wheel while intoxicated. Finding yourself in an unexpected legal situation is unnerving, but knowing what to do can help. The most important thing to do is stay calm. Don’t fight or backtalk the arresting officer or try to get out of the charges. Find out what you are being charged with and the keep quiet. Once you have been processed, call a trustworthy bondsman to help arrange bail. It’s important even after release to follow all legal instructions and requirements you are given in order to stay out of jail.

Tips For Staying Out of Trouble

Help keep yourself and your friends out of trouble by following these simple tips.

  • Have a Designated Driver
  • Never Go Out Alone
  • Keep Track of Your Drink Number and Type
  • Stay Away From Off Comments or Volatile People

California Bonding Experts

When you’re out and find yourself in trouble, call the bondsman that you can trust to complete the process quickly and get you back to your life. The Alvarado Bail Bonds experts will complete your bonding process and guide you through your requirements to ensure complete success. If you need bond service in Santa Ana, CA because of a little too much weekend fun, call our experts at 888-866-8376.

What’s An Arrest Warrant?

Gavel and Cuffs

There Are Many Reasons For A Warrant To Be Issued.

You may have heard the term arrest warrant before, but do you know what they entail? If you are dealing with a court case it is important to know what an arrest warrant is and why it may happen to you. Issued by the judge, an arrest warrant allows police to arrest you. This could be issued for several reasons and lead to surprising situations if you are not aware of the warrant. An arrest warrant can be issued because of:

  • Missed Court Date: If you are dealing with a case and fail to appear before the court on the appointed date, an arrest warrant can be issued.
  • Probation Violation: Probation violation can land you in hot water, leading to arrest warrants and making you wait in jail for your court case.
  • Suspect in a Case: If the police suspect you in a case, an arrest warrant can be issued to bring you in.

It can be stressful if you find yourself being arrested. However, there are many ways to prevent this from happening and to stay in the loop if you suspect that there is a warrant out for your arrest.

How Do You Check for Warrants for Free?

There are several ways to contact to find out if you have an arrest warrant issued for you. Contacting the city office where your case is being tried to check is a good way to discover the situation, however, this can also allow them to track your location and report it to the police for arrest. Alvarado Bail Bonds provides free warrant checks with one quick call. We can help you determine the reason and what you can do to resolve your warrant. Need to check today? Give us a call at 888-866-8376 for your warrant and bail needs.

How to Comport Yourself in Court

Court Etiquette

Good Court Etiquette Can Benefit Your Case.

If you have a court date coming up, you already have a lot on your plate. Alongside getting your information together and meeting with your attorney, you also have to get yourself together. When appearing and prepping for the court, it is important to remember that there is a certain court etiquette you need to follow the day of to make the best impression for your case. Failure to do so can lead to not just a poor impression, but can even lead to you being held in contempt of court. In order to prevent this, here are a few things to keep in mind. Be on time for your court date and wear professional clothing. Turn off or do not bring your cell phone to prevent possible fidgeting and noise. When dealing with the judge and court, be polite, rising when called to, and call the judge “your honor” when speaking with them or answering a question. These all tell the judge and court that you are serious about your case. 

What Constitutes Contempt of Court?

Being held in contempt of court means that you have not followed court etiquette and have actively impeded how the court runs. This will be decided by the judge and can be for many reasons.

  • Not obeying an order given by the judge
  • Disrespecting those in the courtroom, including the attorneys and judge
  • Misbehaving and being rude during proceedings
  • Putting information out there, such as on social media, that impedes a fair trial.

A judge may give you civil contempt charges or criminal contempt charges, which have different levels of severity but are intended to remind you of the serious nature of the court. You may find yourself in jail for a time with these charges.

Bail Bonds Services

Do you need bail bonds so you can start to plan for your court case? Alvarado Bail Bonds is here for you in Santa Ana, CA or any county in Southern California. Our bondsmen listen to your situation and work with you to get the services and bonds needed to get you out from behind bars. We even offer mobile bail bonds for wherever you are! Give us a call today at 888-866-8376 for your bail bonds needs!

What You Can Do On House Arrest

If you have found yourself on house arrest, you are quickly realizing how boring being stuck in the house is. With a mundane schedule and trying to figure out what you can do to pass the time, we have a few suggestions that will keep you busy and make this time in your life fly by so you can hurry up and get back to it. It can be hard to stay positive during this time, but remember that it will pass and you will get back to regular life soon.

What To Do

Do Something Productive – Being productive can mean a number of things. There are only so many things you can clean and only so much laundry to fold, it is time to develop a skill. Depending on the parameters of the house arrest and what comes after it, consider signing up for some online classes. Whether it be to work towards a degree or certificate, or just to learn a new skill that will help you down the road.

Exercise – You may be in the best shape of your life or maybe you have been meaning to get on that. Either way, now you have a little more free time and a great way to fill that up and relieve some stress is to exercise.

There are many things that you can do if you really want to, just remember that this is only temporary and, If you find yourself in need of a bail bondsman, call Alvarado Bail Bonds at (888) 866-8376.

Penalties of DUI Conviction in the State of California

Penalties of DUI Conviction in the State of California

Found Out the Penalties of a DUI Conviction in California.

In the state of California, if you are arrested for a DUI, the penalties you will receive for a DUI conviction will depend on several factors: how many prior DUI’s, who the offender is, as well as evidence. While the actual penalties are set by California law, those factors can play a part in what type of penalty you or someone you love will receive. Below are penalties of DUI conviction in the state of California.

First Conviction

If it’s your first conviction, it will be considered a misdemeanor. Your fine will be between $390 to $1,000. In terms of jail time, the judge can sentence someone for 48 hours or up to six months in jail. However, if someone is granted probation, they don’t have to serve jail time. First offenders will receive a six-month suspension on their driver’s license and they will have three years of probation.

Second Conviction

Like the first DUI conviction, people who have a second DUI will be charged with a misdemeanor. The fines are about the same as first-time offenders, but you can face up to 96 hours or 1 year in jail for a second offense. Also, the offender will have their driver’s licensed suspended for two years and they will have three years of probation.

Third Conviction

The fines for the third conviction are the same as the first and second conviction. The jail time is higher, with it being 120 days to 1 year in jail. If this is your third conviction and you have already had your license suspended with your second conviction, the suspension will be concurrent. In terms of probation, offenders face three to five years.

There are other severe penalties for a DUI if someone is hurt or killed. If you need assistance with a DUI bail bond in Santa Ana, CA, call Alvarado Bail Bonds today at 888-866-8376.

What You Need To Know About Cannabis Laws In California

California has had medical cannabis available ever since becoming the first state to legalize medical cannabis with the passage of the Compassionate Use Act of 1996 . Beginning January 1, 2018  California will allow the sale and use of recreational marijuana. With the application of Proposition 64, new laws will mean big changes. Here is what you need to know about what is and isn’t allowed for recreational use.

Q: What changes when it comes to cannabis in California?

Starting January 2018 California Has Legalized Recreational Cannabis For Personal Use

A: California is now the 6th state to allow the sale of cannabis  to anyone over the age of 21 with an ID. This means it is no longer required to have a doctor’s prescription to obtain marijuana in a licensed shop.

Q: So, can I smoke a joint in public now?

A: Short answer, No you cannot. California law says that no one can consume or partake of marijuana in public venues. That means no smoking in parks, bars, the street, etc. If you are caught smoking in public you may face a fine up to 250$

 

Q: Where will I be able to buy marijuana ? Will dispensaries become available to anyone?

A: Medical dispensaries will require a separate license to sell recreational marijuana in addition to medical cannabis. This means that many dispensaries will still only be licensed to sell cannabis to you if you have a doctor’s prescription. Check the Californian’s map of legal recreational marijuana shops, to find a licensed dispensary in your area.

Q: What do I need to have in order to purchase marijuana?

A: Be 21 or older, and posses a valid ID. You will be allowed to buy up to an ounce (28 grams) from a licensed retailer. Out-of-state licenses are also accepted.

Q: Can I posses marijuana while I am driving?

A: You may posses marijuana in the car with you. However, you cannot smoke or ingest marijuana while you are driving. The rules are similar to that of alcohol. You cannot posses an open container, which means you must leave anything you bought at the store in its sealed package or container. Obviously, with this being said you also can not  be under the influence of marijuana while you are driving.

Q: What about if I want to grow cannabis in my home?

A: As long as your plants are kept out of public view, any Californian 21 and older may cultivate up to 6 cannabis plants per household.

Q: Can jobs still test for marijuana now that it’s legal?

A: Yes, they can. Employers can test current or potential workers for marijuana and may choose to fire anyone who tests positive. Some federal and transportation employers, are required to test for marijuana.

Q: Wait I thought weed was still illegal on a federal level?

A: Yes that is true, however an amendment to the federal budget restricts using federal resources to go after businesses or individuals that are in compliance with their state’s cannabis programs.

Q: What do I do if I an arrested for cannabis?

A: If you or a loved one has been arrested for cannabis in Santa Ana, CA, you may need a bail bond and we would like to help you. Contact Alvarado Bail Bonds at 888-866-8376  to speak with one of our experienced bondsman for more information.

 

 

 

 

Strange Arrest Stories

People get pulled over all the time, usually for speeding or running a stop sign, but these stories are a little different. Here are a few times that people have been arrested things very odd reasons.

No Seatbelts

In Texas in 1997, a woman named Gail Atwater was pulled over. When the police officer noticed that Atwater’s’ two children were not wearing seatbelts, he decided to give her a different kind of punishment. He ended up arresting her, and sending her behind bars, where she stayed for 1 hour before making bail. In the end she pled no contest and ended up paying a $50 fine.

Cussing

A man by the name of Wesley Force was arrested in North Carolina after he said the “F word” in public. He was put in jail but ended up being released. He went back to court a month later where the judge sentenced him to 10 days in jail. He was allowed to do his time in his home, wearing an ankle monitor instead.

Loud Music

In South Carolina, a man named Pastor (yes you read that right) Johnnie Clark, had had multiple complaints that his warship music during services was too loud. Apparently, the police had come out to his church over 50 times before for these complaints. After so many times of coming out, the police had had enough and arrested Clark for unlawful sound amplification. He was found guilty and sentenced to two weeks in jail.

If you find yourself in a strange arrest situation or any kind of arrest, call Alvarado Bail Bonds at 888-866-8376 and let us help you get out of jail, fast.

Facts about Drinking and Driving

Drinking and driving is extremely dangerous and illegal. There are so many things that can go wrong and likely will. It doesn’t matter how many times you have done it before, every time you get onto the road while intoxicated, you are risking your life as well as the lives of others. There are many facts about drinking and driving or driving under the influence that many people don’t know about, here they are.

The Facts

Over 40% of all 10th grade students are already drinking alcohol according to madd. That means that 15 year olds are walking and possibly driving around with alcohol in their system. Always be careful on the roads.

There are more than 300,000 a day, there are people drunk driving and only around 3,000 of them get arrested.

Every single day there are 800 people that have become injured in a drunk driving accident. With those kinds of numbers, it is scary to even get onto the road.

Remember, that if you drink and drive and get pulled over, you will get a DUI and you will go to jail. Driving under the influence is irresponsible and can get you or someone else killed. If you do find yourself in this situation and need a bail bondsman, call Alvarado Bail Bonds at 888-866-8376 right away.