01/27/2014
“I have been arrested and have been put in jail. What should I do now?”
A common mistake that people tend to make after being arrested and detained in custody is to bail out of jail before first speaking with their attorney. Sometimes people will call a bail bondsman to bail them out without ever first considering calling their attorney. This is primarily because most people have never been arrested before and don’t know what to do. It may also be because they do not want to spend any more time in jail than they have to. Wanting to get out of jail ASAP is a completely reasonable reaction, and the correct instinct to have if you are arrested. However, you should always call your attorney before calling the bail bondsman to bail you out. Here is why:
Bail can range into the hundreds of thousands of dollars, depending on the crime alleged against you. The premium that bail bondsmen charge is typically 10% of the bail amount. So, if you are arrested for a felony with a $50,000 bail, it will cost you or your loved ones around $5,000 out of pocket. That is $5,000 you will never get back. Thus, the decision on who to call first once you are arrested is an important one, and a potentially expensive one.
An attorney may literally be able to save you thousands of dollars in this situation. Upon notifying your attorney that you have been arrested and placed in custody, your attorney can have a bail hearing set for you. At this hearing your attorney can request what is called “release on own recognizance” (“OR”). This form of release from jail will not cost you any money, and you will only need to promise in writing that you will return to court for future court dates in your case. Sometimes there may be additional conditions attached to OR release, however allow me to reiterate: you will not have to pay the court any money for it. Further, if because of the circumstances of the case or the existence of documented prior behavior or criminal history you will not be granted OR, your attorney can argue for a reduction in bail. Once again, if successful, this may also potentially save you thousands of dollars. If OR is not granted, an attorney will also work with your bondsman to have you released as quickly as possible.
However, there may be situations where bailing out ASAP is a wise decision, and an attorney will be able to counsel you on whether that is the case. If for instance, you are on probation on a prior case but the authorities have not yet discovered that fact, bailing out before they discover it may allow you to stay out of custody when you may not have otherwise. Once again, in addition to the reasons stated above this is a decision that is best ascertained with the assistance of an attorney.
So, if you find yourself in the unfortunate position of being arrested and placed in custody, remember to call your attorney first. Doing so is a wise decision that may allow you to keep your freedom during the pendency of a case, and/or save you thousands of dollars.