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Can An Attorney Help Me Get Out On Bail Immediately After An Arrest?


Once someone is in custody, there is nothing an attorney can do to get them released before they see a judge. However, in some DUI cases, the police may release the defendant on their own signature bond or after they post $300 and their driver’s license. It’s solely at the discretion of the police department to decide whether to let someone out on a signature bond. All state’s attorney’s offices will have an official policy or protocol dictating to the police department that people charged with certain crimes (usually misdemeanor or felony crimes) shall not be released on recognizance bonds.

Can I Ever Be Released On My Own Recognizance?

A recognizance bond is based on a defendant providing their signature and promising to either appear in court or pay the amount of the bond that’s been set. Whether an individual will be offered this option will be solely up to the judge. The more serious the alleged crime, the higher the bond is normally going to be and the less chance of recognizance bond.

Bond is set with two goals in mind: to ensure the presence of the defendant in court on a specific date, and to protect the public from additional crimes the defendant might commit. If someone has been charged with a horrible sex offense, a judge will set their bail so high that they will be unable to post it and will therefore have to remain in custody.

What If I Am Arrested And Released From Jail Without Any Charges Being Filed? What Happens to My Bail Amount?

In some cases, an individual might be released prior to being charged with anything. The information regarding the arrest would then be forwarded to the district attorney, who would approve a certain charge and may send a court summons in the mail. Once in court, the individual would officially be charged and bond would be set. Every case is different, but just because someone gets released from custody does not mean that they are off the hook. For example, there have been cases involving fatal drunk driving accidents wherein the state’s attorney did not immediately decide between charging vehicular homicide, reckless driving, and adult intoxicated driver. The defendants in these cases were released until a decision was made. However, in most serious cases, charges will be filed immediately in order to prevent defendants from fleeing the country.

For more information on Getting Out Of Jail Immediately After An Arrest, a free initial consultation is your best next step. Get the information and legal answers you’re seeking by calling (847) 244-4636 today.

Barry Boches, Esq.

Get your questions answered - call me for your free phone consultation (847) 244-4636.

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