DUI Booking and Bail Process
What Occurs when Someone Is "Booked?"
After an arrest occurs police generally process or "book" a suspect. The process of booking generally involves the following:
- Recording of a suspect's personal information (e.g. name, physical description)
- Description of or information about the crime committed
- Criminal background search of the suspect
- Fingerprinting, "mug-shots", and full body search of person and belongings
- Confiscation of personal property carried by the suspect
- Placement of the suspect in the local jail or holding cell
What Is "Bail"?
Bail is when an arrested DUI suspect agrees to pay money in order to obtain his or her release from police custody. As part of the release agreement, the suspect agrees to appear back in court for all scheduled court appearances including arraignment, preliminary hearings, pre-trial motion, and the trial if necessary. In many states, bail is set through a "bail schedule" or set payment amounts for specific crimes.
What Can a Judge Use to Determine My Bail Amount?
A judge may determine a bail amount if a "bail schedule" is not set or required in a particular state. A judge may use the following factors to determine what your bail amount should be:
- Your history of DUI and any other relevant criminal history
- The seriousness of your DUI offense in terms of possible injury you may have caused to others by your actions
- Your family and community ties, as well as you employment record and your ability to pay court fees and fines
How Do Bail Bonds and Bail Agencies Work?
Anyone may post bail for a DUI suspect, but if you or your family are not currently able to afford bail, a bail bondsman or bail agency may be able to help you. A bond is a written contract that indicates that the full bond amount must be paid if the suspect fails to appear in court. Bail agencies and bondsmen typically charge fees for their service, and typically demand collateral before posting a bond to ensure appearance in court.
What Is an Own Recognizance Release?
An own recognizance release occurs when a suspect is released without bail on the condition he or she will appear for all upcoming court proceedings. These releases are also usually conditioned upon the suspect not leaving the local area during the DUI proceeding or keeping in close contact with the court. In deciding whether to release a suspect on an own recognizance release a judge may consider the bail factors listed above.
Should I Contact a Lawyer Regarding My DUI Booking and Bail Issues?
Any time you are dealing with DUI issues, it is smart to have lawyer present. It is also important to have a lawyer present when making bail decisions.
Consult a Lawyer - Present Your Case Now!
Last Modified: 07-29-2013 10:28 AM PDT
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