The booking process begins once someone is arrested.
The booking process usually includes:
- Fingerprinting, photographing, and searching the suspect for contraband, drugs and weapons
- Recording the basic personal information of the suspect—more recently with CAM recorders
- A search of the defendant’s criminal record
- Recording information of the suspect’s alleged crime
- Confiscation of defendant’s personal property
- Holding the suspect in a holding cell at a substation or the local county jail
- ARREST suspect, see bail discussion below, or CITE to appear in Court
DUI suspects may be released by means of bail or “Own Recognizance”—discretion of the Judge at the first court appearance in lieu of bail. Defense Counsel can set a bail hearing if bail is excessive.
BAIL
Bail is payment by someone arrested for a DUI in exchange for their release from police custody or Jail after they are booked. Amount of bail depends upon written bail schedule
Bail’s main purpose is to ensure the defendant/ arrestee’s appearance in Court at a specified time.
As a part of bail, the arrestee agrees to appear in court for his or her appearance. In some cases, the bail amount may be increased and or reduced by the judge who weighs such factors as the arrestee’s level of blood alcohol, whether the driving was reckless (if an accident resulted or even a death from the driving drunk), the suspects DUI record and criminal history, how serious the particular offense was, and finally the arrestee’s community ties, connections to family, and employment. All of these factors are weighed against the danger that the arrestee may pose to public safety and the community’s well-being
Either the defendant or their family or friends can post the bail amount or a bond can be posted instead of the full amount. The bond is an agreement in writing guaranteeing the full amount will be paid should the suspect fail to show up in court. Bonds are typically found through a bail bonds agency which charges a fee for posting the bond. They may also ask for some form of collateral before posting the bond
WHEN Representing clients charged with DUI they gain the added benefit of having their bail bond substantially reduced since the bail companies in the area recognize that we will help ensure strict court compliance with Court appearances and any probation requirements
WE STRIVE FOR an own Recognizance finding by the Court. In those instances, No bail money or bond needs to be posted if the defendant is released on his or her own recognizance. In this situation, the suspect is promising to appear in court for their upcoming proceedings. There may be conditions imposed in an ‘own recognizance’ release such as prohibiting the suspect from leaving the state or requiring they contact the court or probation regularly while their case is ongoing.
Whether a judge will grant own recognizance release depends on the same variables as when they determine a bail amount. Should a released suspect fail to appear in court they can be arrested and have a bail amount set.
If the judge is unwilling to grant an ‘own recognizance’ status for the defendant, our attorneys will request a supervised OR or supervised ‘own recognizance’ which means that the arrestee/ defendant must report to probation. This is usually much more desirable than having the client remain in jail or forced to pay an excessive bail to get out of custody.
If you have been arrested and booked for a DUI offense, now is the time to secure highly experienced and aggressive criminal defense from Fiumara & Milligan Law, PC. WE have been around since 1992 and you want to read what other clients have said about our services, so please feel free to check out the following links:
https://plus.google.com/b/101574966438625090934/+TheLawOfficesofMichaelAFiumaraSanRafael/about
https://plus.google.com/b/107346627593964449714/+TheLawOfficesofMichaelAFiumaraSantaRosa/about
http://www.avvo.com/attorneys/95405-ca-michael-fiumara-109708.html
Call our office today at 707-571-8600 OR 415-492-4507 to learn how we can help you WIN your case.
We will fight to get your DUI case reduced or dismissed altogether.
