How Does Bail Work?

  • Posting of a bail bond. This process involves a contractual undertaking guaranteed by a bail agent and the individual posting bail. The bail agent guarantees to the court that the defendant will appear in court each and every time the judge requires them to.
     
  • For this service, the defendant is charged a percentage of the bail amount. Before being released the defendant or a relative or friend of the defendant, typically contacts a bail agent to arrange for the posting of bail. Prior to the posting of a bail bond, the defendant or a co-signer must guarantee that they will pay the full amount of bail if the defendant does not appear in court.
     
  • Typically, a family member or a close friend of the defendant will post bail and cosign. Collateral is not always required for a person to be bailed from jail. Often a person can be bailed from jail on the signature of a friend or family member. Cosigners typically need to be working and either own or rent a home in the same area for some time.
     
  • After an agreement is reached, the bail agent posts a bond for the amount of the bail, to guarantee the defendants return to court.
    If the defendant "skips," the cosigner is immediately responsible for the full amount of the bail. If the defendant is located and arrested by the bail agent the cosigner is responsible for all expenses the bail agent incurs while looking for the defendant.

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Know Your Rights?

  1. You have the right to remain silent and refuse to answer questions. Do you understand?
  2. Anything you do say may be used against you in a court of law. Do you understand?
  3. You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future. Do you understand?
  4. If you cannot afford an attorney, one will be appointed for you before any questioning if you wish. Do you understand?
  5. If you decide to answer questions now without an attorney present you will still have the right to stop answering at any time until you talk to an attorney. Do you understand?
  6. Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present?

In the event you are arrested, I suggest that you utilize the following when approached by any law enforcement officer while you are in custody.

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What to do if stopped by Police

Stay calm

  • Your reaction may alarm or upset the officer and set the tone for the rest of your time with the officer.
  • Keep body movements to a minimum. if you have a medical condition, notify the officer when he/she approaches you.
  • Keep your hands in view of the officer and get your thoughts together.
  • Make eye contact with the officer. The officer will know the he/she has your attention and you will know that you have the officers attention.
  • Notice, or ask for, the officer's name, badge number, and/or business card, if you deem it appropriate.

Remember, stay calm!

If you are stopped by the police while driving.

  • Use your turn signal indicators and pull over safely.
  • Do not get out of your vehicle. Stay in your vehicle and wait for the officer to approach. Only get out if the officer asks you to do so.
  • Keep your hands on the steering wheel in full view of the officer, unless otherwise instructed by the officer.
  • When asked to provide your driver's license, vehicle registration and/or proof of insurance, if it is not easily accessible, ask the officer if it is okay to get it from wherever it is (glove compartment, coat pocket, purse, console, etc...).
  • If you receive a citation,(ticket) ask the officer if you can explain, but do not argue with the officer. If you feel the citation was unwarranted, present your appeal in court not when you receive the citation. This way you may avoid a more serious complication.
  • You are required to sign the citation. However, signing does not admit guilt.
  • Notice, or ask for, the officer's name, badge number, and/or business card, if you deem it approiate.

If you feel verbally or physically abused, report the incident immediately.

Reasons Police may stop you.

If you are near a crime scene and fit the description of a suspect.

  • Hanging out in known drug areas.
  • Acting suspicious (running, hiding, etc.) when police are near.
  • Walking with large and/or valuable items (television, stereo equipment, 2 or more bicycles, etc....).
  • Someone has identified you as the person who committed a crime.
  • If you are bad mouthing officers.
  • Playing loud music.
  • Violating traffic laws such as speeding, faulty lights or turn signals, loud or no muffler, erratic driving, improper lane change or weaving in/out of traffic.
  • In possession of an open container of alcohol.
  • Wearing clothing resembling gang members.
  • Unsupervised minor(s) out late at night.

Remember

  • If the police have stopped you, they think they have a reason to do so.
  • Note the time and location where you were stopped.
  • It is best to be calm, cooperate and identify yourself.
  • Provide identification, if requested.
  • Warn the officer if you are about to move. It is best to ask the officer if you may move before you move.
  • In many situations, you can talk your way into jail just as well as you can talk your way out of jail. Avoid being confrontational.
  • Notice, or ask for the officer's name, badge number and/or business card.
  • If you believe that you were verbally or physically abused by the officer, you and/or your parent should file a written complaint at the police department's front desk. Be sure to get a copy for your records.

This is designed to be helpful, but not a substitute for legal advise. Laws and individual situations may differ and these suggestions may not be appropriate for your circumstances. If you need legal advice, consult a lawyer. The information provided is a sketch of your rights and responsibilities. In any case, you are urged to use common sense when interacting with police officers.

If you are approached by police, it is not the time to "express yourself," or worry about being "dissed" or disrespected, calm and mature heads should prevail. In providing this information to you, the bottom line is to prevent a negative confrontation with the police and perhaps keep you out of jail or other harm.

STAY CALM - ACT MATURE
KEEP A LEVEL HEAD -USE COMMON SENSE

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