When you are arrested and charged with a crime, you may have the opportunity to be released from custody on the condition that you pay bail money to the court or bail agency. If you were arrested in a jurisdiction that uses a bail agency, an independent division of the courts or other entity will evaluate whether or not you meet the conditions necessary to be released on bail. Generally these conditions refer to the likelihood that you will show up for pre-trial hearings and other court procedures. Criminal defendants have a strong incentive to attend further court appearances to avoid forfeiting the bail money and having a warrant issued for their arrest.
It is important that to realize that you may not have the opportunity to speak with an Omaha criminal lawyer before bail is determined. Presumably you will have asserted your right to remain silent and speak with an attorney at the time of arrest and will be able to consult with an Omaha criminal lawyer before the bail interview or hearing. If so, your lawyer can explain the types of questions that you can expect and advise you on gathering information and witnesses who can speak to your good character. It is in your best interest to speak with an attorney as soon as possible, and if you have any questions,
How Do Bail Agencies Determine If I Will Be Released?
Much like a magistrate or prosecutor, a bail agent will want to see that you and/or your guarantor, are reputable and will cooperate as the criminal case progresses. Fortunately, bail agencies generally do not weigh the seriousness of your offense as heavily the district attorney or judge might. This increases the likelihood that you will be released on bail; especially if your Omaha criminal lawyer is able to provide information that bolsters your reputation and positive image. Anything that shows your ties to the community can be helpful.
- Earnings statements, pay stubs or,
- Names, phone numbers of friends, employers and other references that will allow the bail agency to independently verify the statements you make in the bail interview, and
- Information about your educational background
The idea is to be as cooperative as possible but avoid providing information that may adversely affect the bail agency’s determination. If you have a criminal background, you can be assured that they will ask about it. If you completed your probation or the conviction was expunged, you want to fully explain the circumstances so the interviewer understands that you fulfilled your past obligations and will abide by a bail agreement. You should keep in mind that, because you are facing criminal charges, you may refuse to answer certain questions if it would require you to offer information that is self-incriminating. Depending on the facts of your particular case, it may be advisable to not answer any of the bail agent’s questions. Refusal to answer could have serious consequences and result in the denial of bail, so you want to be absolutely sure your refusal to answer is based on sound legal advice.
Contact an Omaha Criminal Lawyer
Whether you have an upcoming bail hearing or were recently released on bail, the advice of an Omaha criminal lawyer will be an invaluable resource. Contact for further consultation.