Criminal Law ABCs: Arrested, Bail and Charges
Most people go about their lives not giving much thought to being arrested, let alone sitting in a holding cell waiting for someone to bail them out. The whole experience can be confusing, frightening and more than a little annoying at times. In these situations, it’s best to understand what’s happening around you as much as you can, so that you can also assist the situation whenever possible to get out of jail as quickly as possible as well.
“Once someone has been arrested – regardless of the charge – the only thing that person wants is to get out of jail as fast as possible. A call to an experienced criminal law attorney is usually the fastest way to do this,” said Andrew Metcalf Partner at Green & Metcalf of Vero Beach, Florida.
For the most part, a person can get out of jail by posting bail, which is considered “cash or a piece of property pledged to the court as part of a promise that the defendant will return to court when ordered to do so.” This process is accomplished by the posting of a cash bond, or through the services of a bondsperson who will charge a ten percent premium in lieu of the accused posting the entire cash bond. With minor crimes like misdemeanors, bail may be automatically set at a low amount or the person may be released on his/her own recognizance, assuming they pose no risk of flight or risk to the community. However, in matters that involve more serious crimes and charges, the bail amount may be much higher or not an option at all for some people.
“What people who have been arrested need to keep in mind are that how fast and even if they will be released from jail is usually dependent on the severity of the alleged crime, their past criminal history, the risk of flight and risk to the community. This is just another reason that our criminal law attorneys keep up to date on any changes to the arrest and bail procedures, so that we can benefit our clients when they need us the most,” Metcalf said.
Andrew B. Metcalf is a partner of Green & Metcalf - Attorneys At Law. He has over 20 years of experience in the practice field of criminal defense. Metcalf is the Immediate Past President of the Florida Association of Criminal Defense Lawyers and Past President of both the Indian River Bar Association and the Indian River Association of Criminal Defense Lawyers. He has earned a Preeminent AV Peer Reviewed rating with Martindale Hubbell and has a perfect 10.0 rating with AVVO.
