Determining Bail In Your Dui Case

If someone that you know has recently been arrested for a DUI

, then getting a good DUI attorney right away is important. In most states, when a man or woman is arrested for DUI, they are arraigned before a judge. The judge is going to establish bail, which is when the defendant agrees to come back and address the DUI charge, and it is backed up by property, money, or a personal guarantee by the defendant, a family member, or a friend. Bonds can be a mix of cash and property, or a bond can be solely property, or it may be a surety bond, that is signed with the defendant and someone who agrees to stand good for the defendant, and ensure he returns to court. Bail is not supposed to be set in such a way that this defendant is punished. Of course, in America, all defendants are innocent until proven guilty. That's why some jurisdictions set bail according to the defendant's reasonable ability to pay. Bail may either be set depending on the person's individual circumstances or with a bail schedule.

Bail Schedules

A bail schedule is just a schedule that is used to determine the bail for everybody who is arrested for an offense. The schedule, bear in mind, is more of a guideline for the judge to adhere to when establishing bail. However, in locations where bail is set based on a bail schedule, most oftentimes, bail is predictable. Typically, first time DUI defendants will need to pay bail of at minimum $1,000. Nevertheless, occasionally a judge will let the defendant be released on his on recognizance (ROR). Repeat offenders will obviously be asked to post a greater level of bail, since their offenses are usually more serious. Occasionally a judge will hold a DUI defendant with no bond, at a minimum through the first few court appearances and when this is the case, the DUI lawyer may be a vital part of getting out of jail prior to trial. This is going to be especially true when the DUI defendant committed a heinous crime, or if they caused injury to other people.

Personal Circumstances

If the DUI is committed within a jurisdiction that doesn't have a set schedule for bail for DUI, the bail is set according to the individual circumstances that surrounded the DUI arrest. The prior record of the defendant also is taken into account. The bail is set to keep the defendant accountable to return to court, never to punish the defendant. If the defendant possesses a history of not appearing to deal with the charges, they should expect that they'll pay more bail, or even might be indefinitely held until right after the trial is over.

What Exactly are Bail Bondsmen?

If a defendant is not able to pay his or her own bond, sometimes a jurisdiction will offer bondsmen. A bondsman can bail you out of jail, however it will be necessary to pay them a percentage on the total that is paid. For example, if the bond is $2,000, he may charge you 10 % of that amount, or $200.

If you're a defendant with a DUI charge, it is important that you contact your DUI lawyer at the earliest opportunity.

by: Autumn Lockwood

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