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5 THINGS TO DO BEFORE SURRENDERING FOR ARREST

CentralBookingINFOLOGO

 

If the police have contacted you and informed you that you are going to be arrested, there are two ways you can react.  You can get upset or you can consider yourself fortunate.  The truth is, most people don’t leave their homes thinking they will be arrested at some point during the day.  Having that information beforehand can be very helpful.  While getting arrested sucks, knowing you are going to get arrested is better than not knowing.  You can plan in ways that most people who are arrested can not.  Below are five tips that can be helpful given the cards that you have been dealt.

 

1) GET YOUR AFFAIRS IN ORDER PRIOR TO YOUR ARREST!

One of the worst parts of being put in jail is the fact that you will go MIA.  Many people will not know where you are.  If you are arrested without warning, you can spend at least a day or two in jail without warning.  If you know beforehand, you can work on getting your affairs in order.  Call your job and let them know you will be out or away.  Arrange for child care.  Arrange for your car to be put somewhere safe.  Pay any bills or other items that may be due during that time.  Basically, you should schedule your affairs in advance as if you are going on a short vacation.  Often, when people are arrested, they will be released pending trial or on bail.  If you will need to get bailed out, start calling people and making arrangements for bail.  In many jurisdictions, making bail arrangements prior to an arraignment can lead to your being released quicker.  Also try to get your inmate booking number and give it to your family and friends so that they can find out when you will be going to court.  It is also helpful to get the telephone number to the court, police department, and/or booking facility to your family and/or friends.  This will save time that will otherwise be spent on inmate search engines and looking for central booking sites for the number to a central booking facility.

 

2) EAT SOME FOOD BEFORE SURRENDERING…

If you have been charged with a crime and a Police Officer informs you that you have to surrender yourself, the last thing you are going to be worried about is eating.  In fact, most people will lose their appetites.  This is a serious mistake.  Just like the people that push the propaganda about how breakfast is the most important meal of the day, the meal you eat prior to getting arrested will often be quite important.  In some cases, you may not have access to food after being arrested for quite some time.  In other situations, you may get access to something that others are calling food, but that you would rather not eat.  Either way, what you eat before arrest will have a great impact on your jail experience for the first couple of hours or even the first day or two.  Avoid spicy foods and/or foods that do not agree with you.  If you are getting arrested, it is not the time to go eat spicy Indian food or Mexican food, especially if those items do not agree with you.  You know what is worse than having your stomach turning in knots?  Having to sit on the toilet with 10 or 20 strangers in an open room while they become increasingly angry about your inability to stop your meal from revisiting you in a holding cell.



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3) ARRANGE TO BE ABLE TO USE A PHONE

You can not assume you will have access to a phone.  While you may wish to avoid people, sometimes, when you have been arrested, there is a pay phone in a cell.  In such cases, it is helpful to have a phone card that allows you to call a 1800 number instead of using coins.  Do not assume that there will be a phone.  Do not assume that if there is a phone, you will be able to use quarters or other change.  Often, the phone is full or broken.  Your best way of possibly being able to make calls is to bring some change like a roll of quarters (which may be taken from you) and a prepaid phone card.  Also be aware that you may be put under duress because you have a phone card and people may ask you to use it.  This can be very uncomfortable and in some cases dangerous.  Getting a couple in small denominations is helpful.

 

4) WEAR COMFORTABLE CLOTHING

This is where knowing you are getting arrested before it happens can really be useful.  You may have to sit in your clothing for several days.  You also don’t know what you are going to encounter as far as temperature and conditions.  You may find yourself in a freezing room in the summer or in a hot room in the winter.  You may have to sleep on a floor or hard bench, or spending long periods of time sitting or laying on either.  You may want to dress in layers.  A top shirt or layer may double as a pillow or ground cloth.  Make sure your shoes are comfortable.  Also make sure that you look as nice as you can.  After all, at some point you will see a Judge who does not know you and will be making serious decisions about your life and freedom.  You may want to look the best you can.  You will also want to balance that with the fact that you may not see that Judge for a day or two and you will be in the same clothes.

5) SECURE YOUR VALUABLES

Jail is not the time to wear your fancy watch or to show off.  Often, the police will take your stuff for safe keeping.  If you do have a situation where they take items from you, try to make sure they are vouchered and that you get a receipt.  However, the best advice is, leave your valuables at home.

 

5) FIND AN ATTORNEY

If it is possible and you can afford one, you should hire an attorney before speaking to the police.  You have the right to remain silent.  It is not just a right, it is a really good idea.  Despite your inner voice telling you that you have nothing to hide, you should not speak to anyone unless you have an attorney present.  Speak to friends and family and ask for referrals for an attorney.  Attorneys who work on other types of matters for you are also a great source of referrals for a criminal attorney.  Just because your lawyer is a family lawyer, divorce attorney, immigration lawyer or personal injury lawyer does not mean that he or she does not know a good criminal lawyer!  Call people you trust and have them help you find an attorney.



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CentralBookingINFOLOGOWhat is Bail?

How Does Bail Work?

Bail is an amount set by a Judge in a case to ensure that a person will come back to court.

Bail Is Set To Prevent Someone From Fleeing….

This is the Definition of BAIL!

Bail is basically a way of ensuring that a person involved in a court case comes back to court and does not run away.  Bail is set in different types of cases.  The most common type of case is a criminal case.  However, bail is not just set in criminal cases.  For instance, many immigration cases involve situations where deportation is at issue but no crime is alleged to have been committed.  In these cases, a bail might be set by a Judge so that the person that is in the deportation proceeding comes back to court and just does not ignore the case and live life as if nothing is happening.

Why Does A Court Set Bail?

Judges often see situations in which people fail to return to Court.  Bail is often necessary to get someone to come back to Court.

How Does A Court Decide Bail?

What Is Bail? Bail Is Something That Is Going To Bring You Back To Court…

Bail is about flight risk… It is going to be whatever a Judge thinks it needs to be to prevent you from getting on the next plane out of the country…

Bail Has One Purpose: to ensure that a person attends all future court dates…


There are a number of factors that a Court will consider when determining what bail should be.  Different states use different criterion to set bail.  These factors include:

  1. The kind and degree of control or restriction that is necessary to ensure someone comes to court when required
  2. The Person’s character
  3. The Person’s mental condition
  4. The Person’s reputation and habits
  5. The Person’s employment
  6. The Person’s financial resources
  7. The Person’s family ties to the county or state
  8. How long the Person has lived in the community
  9. The Person’s Criminal Record
  10. The Person’s previous history of appearing in Court (Were warrants issued in prior cases?)
  11. The weight of the evidence and factors which might made conviction unlikely
  12. The sentenced which may be imposed

FIGURING OUT WHEN A BAIL MIGHT BE VERY HIGH IS NOT ROCKET SCIENCE

(It is not an exact science either!)

FOR EXAMPLE:

If a Person with a criminal record and warrants is accused of a serious crime in a State they do not live in…

As in, you live down south, but are accused of a murder in New York State…

What is the Bail going to be?

THE BAIL IS PROBABLY GOING TO BE REALLY HIGH….

YOU PAY THE BAIL AND YOU WILL BE “OUT ON BAIL” UNTIL THE CASE IS OVER (THOUGH THE JUDGE CAN REVISIT BAIL AT ANY POINT).

There are no ties to the community, there are previous arrests, there is a warrant history, which means the person has already shown that they don’t return to court and the crime is serious (though the charge itself should not be used alone to determine bail…maybe this is a legal fiction, but that is how it is supposed to work).  A Judge is most likely going to set a serious bail in this example.


FOR EXAMPLE:

You were in your house that you lived in for 20 years.  You were minding your business and listening to music after a long day’s work.  Your neighbor did not like the sound of your music.  He came into your apartment through an open door and turned it down.  You both had words.  He hit you in the face.  Your pet roach witnessed the fight and became hostile.  It attacked your neighbor and bit him.  You then hit him with a stick over and over again until he ran out of the house.  He called the police.  They arrested you and another neighbor took your pet roach to her house.

WHAT IS BAIL GOING TO BE?

THERE MIGHT NOT EVEN BE A BAIL.  You were in your house.  You have lived there for 20 years.  Your Lawyer will argue that you plan to fight the charges, and that you have a good chance of winning as you were a victim and you were attacked.  Your Lawyer will also discuss your employment history, how you have no criminal history and how if not for that brave pet roach, you could have been seriously injured.  Further, he will argue that you must care for your roach and that you are responsible for caring for the roach and without you, the roach does not have a chance at a decent life.

IN THIS EXAMPLE YOU WOULD LIKELY BE RELEASED ON YOUR OWN RECOGNIZANCE (ROR).  This means you will be released without having to pay a monetary bail.  Often there will be conditions that the court will set.  They may issue an ORDER OF PROTECTION stating that you have to stay away from your neighbor while the case is pending.  This will usually include contact online (so if you are facebook friends, you need to defriend the person and not right back if he tries to talk to you…even if he initiates contact, YOU can go to jail for violating the order of protection).  This also usually means no third party contact.  That means you can’t have friends trying to talk him into dropping the case.  You can go to jail for that too.

IF THE PERSON HAS PASSPORTS, HOUSES OVERSEAS, AND A PLANE….

A COURT MIGHT CONSIDER THOSE RESOURCES AS A RISK FOR FLIGHT AND SET A BAIL…

WHAT IS BAIL GOING TO BE?

WHO KNOWS…

BUT ONE THING IS FOR SURE…

BAIL IS GOING TO BE WHATEVER THE JUDGE THINKS WILL MAKE YOU FLY YOUR PLANE BACK HERE FOR THE NEXT COURT DATE

OR DRIVE YOUR PINTO…

OR TAKE THE TRAIN…

WHAT ARE BAIL BONDS?

WHAT IS A BAIL BONDSMAN?

There are other things you should know.  Like there may be a cash bail and a bond amount set.  What is the bond?  Sometimes, the bail is high and someone may need to get a bail bond in order to post bail.  A bail bond often comes from a bail bondsman.  A bail bondsman is someone who posts bail on behalf of an individual.  The bail bondsman might take a smaller amount than the actual bail amount in order to post a bond for a higher bail amount.  How much is a bail bondsman? Well, that varies.  You should ask the different bail bondsman how much you must give them in order for them to post bail for someone.  Different bondsman might charge completely different prices.  This is no different than any insurance.  In fact, it is very similar to some extent.  Different insurance companies will assign your risk differently.  Different bail bondsman will assign your risk of flight differently and that will be one factor in how much you will have to put up.  Other factors like assets are often considered as well.  However, each bail bondsman has his or her own criterion and requirements.  Many will want to speak to the person periodically (once a week, after court, etc).  You should consult a bail bondsman for more information about posting bail using a bail bond.

HOW DO I FIND OUT IF SOMEONE HAS A BAIL IN NEW YORK?

Looking to find out if a court has decided that someone has to pay bail before being released in New York State?  If so, you can use the webcrims information system to find out the amount of someone’s bail in a New York Criminal Case.  Check out the helpful link below to get information about finding out how much someone’s bail is in New York:

CLICK HERE TO FIND SOMEONE’S BAIL AMOUNT IN NEW YORK