Category: Blog

In North Carolina, on average, bail bonds get imposed in 67 percent of misdemeanor cases and 79 percent of felony cases statewide. So, chances are, if you’ve been arrested for a crime, you’re going to need a bail bond.

If this is your first involvement with the criminal legal system, it’s easy to get confused and overwhelmed by all of the rules and regulations that pertain to being released on bail.

The court can impose a wide variety of bail restrictions. However, many people find travel restrictions while on bail to be particularly inconvenient and complicated.

When out on bail, it is extremely important to follow the rules and obey any imposed restrictions. The slightest slip-up in behavior can have drastic consequences for a person on bail.

Keep reading to ensure you understand how to comply with travel restrictions while on bail.

What Does It Mean to Be Out on Bail?

Getting released on bail is not the same as getting acquitted of a crime. When you get released on bail, you don’t have the same freedoms as you did before getting arrested.

You are technically no longer in custody, but there are certain conditions you have to follow. For example, you will need to attend all hearings and trial dates related to your case to avoid the consequences of not showing up.

There are several different reasons people accused of criminal acts get released on bail before their trials. One is because the law of the country dictates that anyone accused of a crime is innocent until proven guilty.

When you get arrested for a crime, you have the right to receive what is called “fair and reasonable bail.” You get released on bail so you can resume your regular life, like taking care of your family and going to work.

Releasing people on bail also reduces the strain of incarceration (the average cost to imprison one person is $14,000 to $70,000 per year), on the criminal legal system.

Common Bail Restrictions

Bail restrictions are decided case-by-case. These restrictions can vary, but they are all conditions the person out on bail must meet in order to avoid legal consequences.

Obey All Laws

A person out on bail is expected to obey all laws. Getting arrested a second time while out on bail can have negative impacts on your trial and sentencing. It is especially important not to get arrested for the same crime.

Abstain From Drug and Alcohol Use

Restrictions against using drugs or alcohol are common in specific cases. For example, a person arrested on a drug-related charge should not be interacting with drugs in any way while out on bail.

Surrender of Weapons

In some cases, a person released on bail is required to surrender any weapons in their possession. This might happen in cases involving domestic violence, dangerous weapons felonies, and other types of felonies.

The best option in this situation is to give all of your weapons to a trusted relative or friend as soon as you get released. Reclaim them only after the outcome of your case gets decided.

Seek/Maintain Employment

It is very typical for a person out on bail to have a requirement that they maintain gainful employment. If you do not, or no longer, have a job after your release, you will need to get one.

No Contact

Sometimes the court will impose restrictions regarding with whom a person can and cannot interact. For example, it is typical that a person out on bail while accused of a crime cannot interact with others involved in crimes.

Travel Restrictions

The court imposes travel restrictions for a variety of reasons specific to individual circumstances. There are several different types of travel restrictions, such as out-of-state and international travel restrictions.

Terms Related to Travel Restrictions While on Bail

Travel restrictions depend significantly on the person and the crime committed. They are very much decided on a case-by-case basis. One person might be allowed to leave the state, but not the country. While another person might not be able to leave their own home.

Flight Risk

A flight risk is a person who is likely to flee in order to avoid going to court or prison. Perhaps the person has tried to flee before and was arrested on a warrant. Or maybe they have family abroad they might escape to.

A person who the court considers a flight risk is unlikely to be allowed to travel internationally. Typically the court will require such a person to surrender their passport.

Travel Within the City/State

In some cases, a person released on bail can travel within their state, but not outside of it. Others are only allowed to travel within the city in which they reside.

House Arrest

People who pose a significant flight risk, or another type of risk, may have their travel limited to their own homes. Being under house arrest often involves wearing a tracking device (ankle bracelet).

Some people on house arrest can leave to go to specific places at specific times (i.e. to go to work, counseling, or substance use treatment).

No Travel Restrictions

If a judge does not explicitly restrict a person from traveling, it is safe to assume traveling on bail is fine. You can take a vacation if you want to.

However, you will need to attend all of your court appearances. So be aware of all court dates when planning a trip.

How Do Travel Restrictions Get Determined?

A judge takes several things into account when determining any type of bail restriction. When determining travel restrictions while on bail, the judge will consider the following things:

• Defendant’s reputation
• Past criminal history
• Whether the defendant is a flight risk
• The severity of the crime committed
• Defendant’s physical and mental state

A judge is more likely to treat a person with more leniency if they have a good reputation and no criminal history. However, if the person committed a violent crime and appears to be a flight risk, harsher restrictions may apply.

Consequences of Violating Bail Terms

If a person violates the terms of their bail, the court may revoke their bail and put out a warrant for their arrest.

In some cases, the judge may deny bail and the person will have to remain in custody until their trial. In others, the person may receive a higher bail amount and added restrictions.

More About Bail Bonds & Travel Restrictions

If you get arrested for a crime, it is of the utmost importance that you comply with any travel restrictions while on bail. Failing to follow the rules of your bail can have major consequences that make your legal situation worse.

In need of a North Carolina bail bond? Amistad Bail Bonds serves all 100 counties in the Tar Heel state. Contact us today to schedule your free consultation.

Living conditions within immigrant detention centers are harsh, and many are located within jails. If your loved one has been detained, they can get out if you pay for their bail.

However, the payment process can be confusing, and not everyone can afford the full amount upfront. That’s when you need a reliable immigration bail bond agent to handle it for you. Here are the things you should check for when the right one for your loved one’s case.

1. Licensed and Insured

The first thing you should know about bail bond agents is whether they’re licensed and insured. This means they have gone through the necessary training and know the immigration bond hearing process and the payment process.

Ask them for a state-issued certificate. If they can’t provide one, you might be dealing with an illegal business.

2. A Proven Track Record

Check how experienced they are. How long an agent has been working as a bail bondsman is important, but some of the most successful also have prior experience in other law-related jobs. For example, they may have previously been in law enforcement, signaling that they’re familiar with the bail bond process.

When consulting with a bail bond agent, ask them how long they’ve been in business and how experienced they are. Check online reviews to get a better assessment of their services’ quality.

3. Affordable Fee Structure

One of the main benefits of hiring an immigration bail bondsman instead of processing your loved one’s bail yourself is that you can pay just a percentage of the total bail amount with the addition of collateral. Bails can cost thousands of dollars, so this arrangement makes them more affordable.

Bail bond agents usually charge between 10% and 15% of the total. Those that charge you 10% aren’t necessarily more affordable, though. Some of them also have annual maintenance fees for as long as your loved one’s immigration case is ongoing. Consider hiring those that charge a higher percentage, as many immigration cases can take years to resolve.

Ask bail bond agents about their payment options as well. Depending on state laws, they may be allowed to include interest rates in your payment plan. Some companies may also charge a lower percentage for higher bail amounts.

 

4. They Specialize in the Immigration Bonds You Need

There are four different types of immigration bail bonds:

• Delivery bond: Once paid for, the defendant is released. However, they are required to attend all their court hearings.
• Voluntary departure bond: This is for detained immigrants that agree to leave the U.S. within a specified time at their own expense. The bail amount is refunded once they’ve left.
• Order of supervision bond: The defendant is free to live and work within the country while their case is ongoing while adhering to specific conditions.
• Public safety bond: Ensures that an immigrant does not become a public charge, which is defined as an individual dependent on the government for subsistence. If the immigrant in question accepts public assistance, it will be reimbursed to the government.

When consulting with a bail bondsman, ask them which types they specialize in. Your loved one’s bail will be posted faster if you choose someone familiar with your specific situation.

5. Multilingual Services

There’s a good chance speaking to an immigration bail bond agent who doesn’t speak your first language will lead to quite miscommunications. An error could compromise your loved one’s case, so it’s important to choose a bail bond company that offers multilingual services. This ensures they can effectively communicate with you and your loved one.

Post Your Loved One’s Bail Through Amistad Bail Bonds

Amistad Bail Bonds offers high-quality immigration bond services. Have your loved one’s bail processed as quickly as possible. Schedule a free consultation by calling us at (800) 537-0645 or filling out our contact form.

It’s never easy when a loved one is detained. Still, it can be even harder for immigrants. They come to the U.S. for various reasons, some to escape dangerous living conditions in their home country, but many are barred from accessing humanitarian protection.

Should your loved one get detained, you can lighten the physical and emotional stress on them by applying for an immigration bond.

What is an Immigration Bond?

The U.S. government can detain immigrants for many reasons, including illegal entry and an outstanding removal order. Whatever the reason is, it can be highly stressful, as the conditions in detention facilities don’t differ much from jails.

You can help your loved one by paying for an immigration bond. This secures their release on the condition that they agree to attend all their immigration court hearings or voluntarily decide to leave the U.S. within a specified time.

Detainees need someone of legal age and status to act as an obligor. This person pays for the immigration bond and is responsible for filing paperwork related to the immigration case.

Immigration Bond Eligibility

A detainee’s eligibility and the bond amount are determined during an immigration bond hearing. The court deems your loved one is eligible if they can prove that they:

• Are not a danger to the community
• Are not at risk of flight

Your loved one may be denied a bond if they have been convicted of a crime or have already been deported before.

Types of Immigration Bonds

There are two main types of immigration bonds.

Delivery Bond

A delivery bond allows your loved one to be temporarily released with the understanding that they must show up in court for their scheduled hearings. If they do so and follow all court orders, the obligor will get their money back. If an immigrant fails to do so, they will be detained again, and they forfeit the bail amount.

Voluntary Departure Bond

A judge may grant a voluntary departure bond to an immigrant on the condition that they agree to leave the country within 120 days. There would also be no removal proceedings. Once an immigrant leaves, the bail is refunded. However, it is forfeited should they fail to do so in time.

Immigration Bond Costs

Delivery bonds have a minimum price of $1,500. This may increase due to the following factors:

• How long the detainee has been in the U.S.
• Criminal offenses
• Previous deportations
• Flight risk
• Employment history

Voluntary departure bonds are more straightforward and usually only cost around $500.

How and Where to Pay Immigration Bonds

Where you pay an immigration bond depends on which government agency is detaining your loved one. These are the agencies in charge of immigrant detention centers:

• Customs and Border Protection
• Immigration and Customs Enforcement
• Office of Refugee Resettlement

Keep in mind that you can’t pay an immigration bond in cash or with a personal check. The detainee’s obligor needs to get a certified cashier’s check. These checks are drawn from a bank’s funds and have extra security features that make them harder to fake.

Once the obligor has a certified cashier’s check, they can schedule an appointment with the local agency detaining your loved one to pay the bond. Afterward, a government official will contact the detention center and inform them that your loved one is cleared for release. You can then pick them up.

It is strongly recommended that you get legal aid soon after.

Get Your Loved One Released

Not everyone can afford to pay an immigration bond. By working with Amistad Bail Bonds, you’ll only have to pay 15% of the bond with no annual renewal and maintenance fees.

Fill out our contact form to schedule a free consultation.

The voluntary departure bond is one of the requirements for an alien to be granted voluntary departure from the United States.

According to US Code 1229c, voluntary departure is  when an immigration judge permits an alien to depart the United States by their own accord.

Opting for a voluntary departure needs to be requested from the Attorney General during the initial process of deportation. Ideally, the detainee should request the immigration proceedings, but the detainee or legal counsel can still present the offer midway.

If the alien is suspected of terrorism or gets charged with an aggravated felony, however, their voluntary departure request will likely get denied.

The Purpose of a Voluntary Departure Bond

Should the alien decide to depart voluntarily, they have up to 120 days to do so. It is crucial that the alien leaves the United States within the scheduled time.

For this reason, the Attorney General may decide to impose a bond in the amount necessary to make sure that the alien has departed the United States within that specified time. This, effectively, is the voluntary departure bond. Once the alien is confirmed to have left the United States within the specific time, the bond will be refunded.

How Much is a Voluntary Departure Bond?

The voluntary departure bond is usually set with a minimum of $500, though the judge may require a larger amount, if that will ensure the alien leaves within the allotted time period.

However, if the alien fails to depart in the scheduled time, the bond will get forfeited and the detainee faces the possibility of getting charged.

Why Would you Choose Voluntary Departure?

Why offer to voluntarily remove yourself from the country, especially at your own expense?

One major benefit of opting for a voluntary departure is that you will not be detained or held in detention until your scheduled departure. For individuals arrested and under threat of deportation, the plea and the bond prevents the case from going to immigration court and they will not be forcibly removed, allowing them to get their affairs in order and make preparations for their departure during the 120 days given.

Opting for a voluntary departure can also present a good image to the court, showing that you are willing to cooperate under the law and could lend a better opinion of you and your family, and leaves the door open for reentry at a later date.

Usually, a voluntary departure is a last resort for immigration cases where the chances of a positive outcome are unlikely. In these cases, the offer to depart voluntarily can have a positive impact on your chances in the future.

Amistad Bail Bonds provides bail bond services in North Carolina. If you have an immigration case pending and are looking for options to finance your voluntary departure bond, contact Amistad Bail Bonds now..

 

Everyone has heard the horror stories about families separated by Immigration and Customs Enforcement. It can be a scary thought, and you might not be sure exactly what to do to protect yourself from that.

The first thing you should do is to stay calm. Even if you get detained during an immigration arrest, you shouldn’t be forced out of the country right away. There’s a process to go through before that happens.

If you are detained and asked to leave the country, you most likely will get to see your family again before you have to go. You will have time to make plans for what to do if that happens. In most cases, this is the worst thing that will happen.

But, understandably, you might still be concerned. That’s why this article will guide you through what to do if you or a loved one are detained by ICE so that you’re prepared for whatever happens.

Be Prepared For An Immigration Arrest

If you feel that you’re at risk of ICE detaining you, then it’s best to have a plan in place. Make sure you know who you’re going to call before you get detained. This could be a loved one who knows the plan or a lawyer.

Make sure you know where ICE tends to pick people up. Usually, they do this during workplace raids, but they may also come to your house. It is also becoming more common for ICE to approach people on the streets.

Keep an eye out for new unmarked vehicles around your house. Sometimes ICE uses white vans for stalking people to learn their daily routines before making an arrest.

ICE may use certain tactics to get inside your home without a signed warrant. They may say that they’re looking for someone else or that they’re with the police. In most cases, this is completely legal, but you don’t need to let them inside your home because of that.

If they do not have a warrant, then ask them to come back with one. Otherwise, don’t let them inside your home. You shouldn’t lie to officers, but you shouldn’t answer questions without a lawyer present either.

You may also be detained during routine traffic stops. If this happens, don’t answer any questions about immigration status. ICE may ask to interview you when your information is entered into the system, and that is when you will be placed in their custody.

Know Your Rights

Once you are actively in immigration detention, you should be aware that you have rights according to the United States Government. Make sure to exercise these rights as quickly as possible once you’ve been detained.

The main two rights that you have to remember are the right to remain silent and the right to legal representation. You get the option of these two rights under United States immigration laws. However, a lawyer will not automatically be provided for you.

The first thing you should do once you are in custody is to announce that you wish to have an immigration lawyer present. Then announce your intention to use your right to remain silent. After this, answer no questions beyond confirming your intentions.

Again, do not lie to any ICE or police officers. They can use this against you later in immigration court. However, you should be aware that your right to remain silent means that you do not have to answer any question asked by an officer.

Your lawyer will know what questions to answer and not answer once they arrive. Ideally, you will have met with your chosen lawyer beforehand at least once to discuss a plan for if you are detained. If you haven’t done this, then be sure to ask for identification before speaking to anyone.

Remember that if you answer any questions before your court date, the court will assume that you waived your right to remain silent. This is why it is so important to only speak to your lawyer.

Get a Bond

Once you have a lawyer and a court date, the next thing you need to do is get yourself out of immigration detention. Usually, you will have some type of bail that lets you leave until your court date. That’s why your next step should be to get a bail bond.

There are three different types of bonds that you might be looking at for immigration court. Each type should get paid back once you meet certain requirements.

The first is a simple delivery bond. This is commonly used for those who also have other criminal charges against them. It’s meant to ensure that you actually arrive at court so that you can get your money back.

The second is a voluntary departure bond. This comes with an agreement that you will leave the country on your own once you’re released. You will get your money back when it’s confirmed that you’re no longer in the United States.

The third type of bond is an order of supervision bond. This does not require you to leave the country. Anyone who has this may live and work in the United States until their court date.

However, if you have an order of supervision bond, then you must follow certain rules that ICE will give you. You may have an ankle monitor put on you. There may be certain places that you’re not allowed to go to, like bars.

Your goal now is to be able to leave and be with your family until your court date. This is the final step towards making that happen.

Get Bonded Today

If you or a loved one are the victims of an immigration arrest, then don’t wait. Make sure you have a plan in place to walk out of the detention center freely.

You need a reliable bail bonds team to help you with this. That’s why you should trust Amistad Bail Bonds. We’re here to help you get back to your family, and we serve bonds for immigration courts nationwide.

Find an agent today and see how we can help you get back to your family.

Breaking the law in North Carolina can lead to an arrest resulting in jail time. If it is serious enough, you may need to post bail to get released from police custody to come home and prepare for your court appearances.

Thankfully, there is something that you can do to avoid getting pulled over while driving. It’s simple really. Make sure you are following every single traffic law specific to the area that you are driving in. Driving is a privilege. These driving privileges can be taken away if they are abused in any way. Driving legally is the only way to prevent this.

Continue reading to learn about the most frequently made violations to NC driving laws.

Speeding

The most obvious driving violation in the U.S. is driving over the posted speed limit. Driving several miles above the speed limit can cause tragic car accidents ending in the death of the driver or other people.

There are two instances of speeding in North Carolina that drivers need to be aware of: basic speeding law and absolute limits. For basic speeding limits, you should not be driving faster than necessary regarding the conditions of the road.

Absolute limits refer to driving at a maximum speed of 35 mph within municipalities, 55 mph outside of municipalities, and 70 mph on interstate highways. Driving even ONE mile above the speed limit can garner a speeding ticket because of this absolute limit.

Reckless Driving

Speeding may be reckless behavior while behind the wheel, but there is so much more to reckless driving than that. Reckless driving means that you are driving with a disregard for your own safety and the safety of others. These behaviors might include:

• Making illegal U-turns
• Changing lanes in an unsafe manner
• Forgetting to use turn signals
• Stopping or turning suddenly
• Tailgating other drivers
• Showing off by burnouts, etc

A conviction for reckless driving is a Class 2 Misdemeanor. You can avoid this charge by following all local and national driving laws when driving.

Fleeing the Scene of an Accident

If you’re involved in an accident on a North Carolina roadway, stay put. It is your duty to stop when there is an accident. It’s against the law to leave the scene of an accident before making sure everyone is okay. When damage is caused, you have to give the injured party your car insurance information.

When the police need to be involved, you must remain where you are until they’ve had the chance to investigate.

Driving Without the Proper Paperwork

Driving without a driver’s license and insurance is a big no-no. Having these two items means that you are aware of all traffic laws and have the ability to perform them without an issue.

Having current registration and inspection lets North Carolina law enforcement know that your car is functioning without any potentially life-threatening issues. It means that your headlights, taillights, breaks, and seat belts are useable, therefore, giving you no reason to go against the law in any capacity.

Not Wearing a Seatbelt

In North Carolina, it is against the law to decide to be in a moving vehicle without wearing a seatbelt. If you are driving with children passengers, make sure that you are following the state’s child restraint laws to avoid getting cited for a violation.

The human body becomes a projectile in the event of an accident if seatbelts are not worn. In fact, any item that may become a projectile, in the event of an accident, should also be strapped down or kept in the trunk where it will not cause injuries. While the items in question may get ruined in the trunk, you will be glad that they were left back there if a serious accident did happen.

Driving Under the Influence

Driving under the influence of drugs or alcohol is very common despite it being against the law. Getting charged with a DUI or DWI is a very serious offense. Not only does it result in the revocation of your driver’s license, but it could also end your life.

The solution is simple: Don’t drink and drive. Order an Uber, have a sober person (designated driver) take you home, or walk home after a night of drug use or alcohol consumption.

Distracted Driving

Any behavior that takes your focus off of the road constitutes distracted driving. Driving while distracted is just as dangerous as any of the other violations previously mentioned. You should not participate in any activity where your eyes leave the road for more than a few seconds to check your speedometer, your gas levels, or your side and rearview mirrors.

Distracted driving behaviors include:

• Texting while maneuvering the vehicle
• Talking on the phone
• Eating and drinking
• Applying makeup or shaving
• Listening to music or singing
• Reaching for something in the backseat or on the floorboards
• Paying attention to your passengers

It is illegal in North Carolina to use the phone while operating a vehicle if you are under the age of 18 unless there is an emergency. It is also against the law to read something on your phone screen while in motion, but stopping to do so is acceptable.

Follow NC Driving Laws

If you want to avoid getting a ticket while driving in North Carolina, you need to make sure you are following all NC driving laws. This is the only way to make sure that you do not get involved in a situation where driving illegally is the cause of the issue.

If you are getting charged with a driving violation in North Carolina, Amistad Bail Bonds can help you get out of awaiting your trial behind bars. Contact us today for more information.

Did you know that around 1.4 million incidents of alcohol-related violence are committed against strangers every year? Engaging in binge drinking or prolong drinking increases the chances of committing violent offenses. This is just one reason why public intoxication laws are in place.

What is public intoxication and how is it handled with the police? Read on to find out.

What Is Public Intoxication?

Public intoxication also refers to drunk and disorderly conduct or being drunk in public. This crime gets treated differently by police depending on the state you are in.

Some states point out that public intoxication disturbs the peace and can harm society. In these states, being public drunk is a crime.

Other states have a different view on being under the influence in public. The laws in these states pass the courts and take treatment approaches instead.

A lot of states that punish public intoxication as a criminal defense do so with several factors in mind. The prosecution must prove the following to convict a person of public intoxication:

Appearing in a Public Space

A place that is not open to the general public, like a private home or residence, is not considered a public place. The defendant must be in a public place such as a park, sidewalk, stadium, street, etc. Some states consider restaurants and bars as public places as well.

Some states can also punish intoxication if it occurs on private property without the knowledge of the owner. Trespassing on another person’s lawn is grounds for a public intoxication charge even if the area is technically private.

Being Under the Influence

Public intoxication laws state that the defendant must be under the influence of illegal drugs, alcohol, a controlled substance, or another intoxicant. Those under the influence of prescribed medications are not considered guilty of public intoxication if their behavior is traceable to that medication.

The prosecution must prove that the defendant is intoxicated through one or more substances. It is rare for states to require proof through a blood alcohol test or chemical test.

The jury often concludes that the defendant was intoxicated through the testimony of the arresting officer. Other witnesses of the situation will also present testimonies. Some states don’t require the defendant to actually be intoxicated, they only appear to be.

Causing Harm or Disturbance

A defendant must create a disturbance to get charged with public intoxication. This could be harming property, injuring another person, or posing a threat to oneself.

This element is in place to prevent police officers from arresting those under the influence legally without creating a problem. A lot of states use disturbance as a broad term that could mean using offensive language or even blocking sidewalks.

Penalties for Public Intoxication

The state can classify the behavior from public intoxication as a crime or medical condition. Depending on the conviction, the consequences will vary.

Public intoxication gets considered a misdemeanor in multiple states. This means the consequence could be jail time, probation, fines, or community service. Bail bonds are often used to cover a public intoxication fine because they offer payment plans.

The first offense could mean jail time and a fine if you get convicted in a state like Indiana. In California, a defendant under the influence of only alcohol can be spared criminal charges if the enforcement officer takes them to a sobering facility.

Individuals can get charged with a felony offense if they violate other laws while under the influence. The level of intoxication is not an excuse for breaking well-known violations and laws. Even though there is proof that intoxication affects decision-making, the court will not accept it as a defense.

If public intoxication is classified as a medical condition, law enforcement officers usually have to take offenders to a facility for treatment. This occurs in Alaska because they do not think of public intoxication as a criminal defense.

Other states require the officer to bring the intoxicated individual to their home or detain them until they aren’t intoxicated. States that do this don’t allow officers to make a record of the accident.

Public Intoxication Charge Defenses

There are defenses to public intoxication charges that can help someone fight against the charge. There are some common examples of this type of charge, including no intoxication, no disturbance, not a public place, and prescription medication.

No Intoxication

A defendant can argue that they weren’t intoxicated during the arrest. This is a hard defense to win because judges and juries lean towards what the arresting officer says. There must be concrete evidence to win with this defense, such as getting a blood alcohol test.

No Disturbance

The defendant can use evidence to prove that they were not causing a disturbance or harm. Witnesses get called to prove the defendant was not bothering anyone.

Not a Public Place

If the arrest was not made in a public place, the defendant could use this as a potential defense. This defense can also be used if the defendant was involuntarily in a public place.

Prescription Medication

If a defendant was under the influence of medication prescribed by a professional medical expert, they can argue the arrest. A defendant must prove that the medication is what forced their behavior.

What to Do if You’ve Been Charged

Being drunk in public or under the influences of other intoxicants can get you a public intoxication charge. The statutes regarding public intoxication are different in every state, but most states refer to public intoxication as a misdemeanor or criminal charge.

If you or someone you know has been charged with public intoxication, bail bond services can help you out. A bail bond from Amistad Bail Bonds can cover your charges and get you out of jail sooner. Contact us today to start the bail process.

You may never think that you’ll get arrested, but there is a significant portion of Americans who have had encounters with law enforcement. While we are a free country, there are still so many vague laws that can affect everyday Americans.

If you have committed a crime, of course, you can expect to get arrested faster than you think. Arrests might not always lead to convictions but they are a serious matter.

Whether you were arrested for a crime or you feel you were wrongfully arrested, you must know the legal rights that you have once arrested.

These legal rights will help you with the next steps after your arrest. Here’s what you should know.

The Miranda Warning

You might have heard of your Miranda Rights before. These came about in a historic Supreme Court case Miranda vs. Arizona. These rights require that the arresting officer must inform you of your rights during your arrest and before an interrogation. 

This is known as “The Miranda Warning” and states that the person arrested has the right to remain silent. This means that they don’t have to speak or answer legal questions until a formal interrogation process.

The Miranda Warning is an extension of the rights granted in the Fifth Amendment. This means that no citizen has to incriminate themselves.

Your Legal Rights

Apart from the warning, what are the other legal rights that Miranda Rights bring?

Make sure the arresting officer gives you the Miranda Warning before the interrogation. This is something to discuss with your attorney if they don’t do this.

Once they’ve given you the warning, you have to be aware of the consequences of not remaining silent. Any statement you make after you receive the Miranda Warning can get used against your defense in court.

For example, if you use threatening language toward the officer this will likely get brought up in court.

This includes anything you say during an interrogation or while in police custody. Regardless of why you were arrested, you have to think about what you say.

This is a scary incident whether you were rightfully or wrongfully arrested. You still want to govern your temper so that you don’t jeopardize your situation.

You also have the legal rights to hire a lawyer or opt for a public defender. Make sure you learn about both options to decide which one works best for you.

What You Should Do

If an officer tries to arrest you, they will likely explain why they are doing so. If they don’t, make sure to let your lawyer know. You want to comply and not resist arrest.

If you feel that the arrest is wrongful, you should still comply with the officer. You can always bring up this issue later with your lawyer.

Don’t ever use any force against the officer. In most cases, you won’t have to worry about an officer using force unless you initiate it. Again, if this isn’t the case you can discuss this with your lawyer.

As stressful as this situation is, you want to try to focus on the immediate. You want to have a recollection of the arrest process. This is especially crucial if you feel that it’s a wrongful arrest.

The best advice is to always follow the officer’s instructions. If you get arrested when there are others present, you want to depend on them as eyewitnesses. If you expect to get arrested, you might want to ask others to record the arrest for future reference.

Police Custody

After you get arrested, you will get placed in police custody. This will usually involve you getting held in a cell or private room in a police station. You will get to make one phone call while you are in police custody.

You want to think carefully about whom to call at this time. You might choose a bail bondsman or a lawyer.

Or you might want to speak to a close friend or family member to ask them a favor. Make sure you think about how this person can assist you in any way.

Whomever you call, they should be able to help you get out of your situation. For example, if you call a friend/family member, you might want them to find a lawyer or hire a bail bondsman.

36-Hour Rule and 48-Hour Rule

The 36-hour rule requires that the arrested person is brought to a judge within 36 hours after the day of their arrest. Legal holidays and Sundays aren’t included within this 36 hour period. These rules apply if you get arrested without a warrant.

If you get arrested with a warrant, then Sundays and holidays are counted within the 36 hour period.

There’s also the 48-hour rule. This means that from the time of arrest, a person cannot get held in police custody for more than 48 hours.

The only exception happens if a judge signs a complaint. This complaint gets signed if the judge believes that there’s probable cause for a charge.

If both the 36-hour rule and 48-hour rule get violated, a judge will likely request your immediate release. However, this doesn’t drop any charges.

If you felt that you were mistreated while in police custody, make sure to discuss this with your lawyer.

In the best case, your lawyer can fight to suppress statements made by you while in custody. There can also be rare cases where your lawyer can convince a judge to drop the charges altogether.

Choose a Bail Bondsman

Now that you know your legal rights, you are better prepared if you ever get arrested. While we hope this doesn’t happen, let this guide help you and your fellow citizens understand the rights that you have in such a situation.

Make sure you are aware of what happens and that you don’t break any rules. Don’t be aggressive to the police officer and remain silent until you speak to your lawyer.

Once you are in police custody, you’ll likely have the opportunity to post bail. If you cannot afford bail, you can take a loan — known as a ‘bail bond.’

We can help you with posting bail. Learn about our bail process if you need our assistance.