Getting Out of Jail by Setting a Bail

A person’s first thought after being arrested and put in jail is often how Get-out-of-jail-300x190to get out and fast! The usual way to do it is to post a bail.

Bail is cash, a bond or a piece of property that has a cash value, that a defendant gives as a guarantee that he or she will appear in court when ordered to do so. In general, if a defendant shows up to court when he or she is supposed to after being released from a jail, the court will return the bail. BUT if he or she DOES NOT show up, the court will keep the bail and most likely issue a warrant for the defendant’s arrestjail-bail-guy

Judges are responsible for setting a bail. Commonly many people want to get out of jail immediately instead of waiting a day or longer to see a judge, that’s why most jails have standard bail schedules that specify bail amounts for common crimes. Where a defendant poses a threat to the safety of the community, he or she may be held without bail.

After being released a defendant may be required to: limit travel; maintain or seek employment; undergo drug and alcohol testing; comply with a curfew; comply with periodic check-ins with authorities; refrain from possession of a firearm etc.

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How Does The Criminal Justice System Work?

Criminal justice system is meant to control crime and prosecute those who violate laws. Asking yourself how does the criminal system work? Well, a case begins with:

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  • investigation of the crime by the law enforcement officers
  • gathering evidence to identify the perpetrator and use it against them
  • making an arrest
  • examination of the evidences by the court and determining whether the defendant is guilty or not
  • if guilty, the convicted party will go to prison or receive probation.

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It is Better to Prevent DUI/DWI than to Deal with its Consequences. Drunk Driving Defenses

They say it is better to learn from the mistakes of others. But actually everyone learns from their own mistakes. It is commonly known fact, that it is prohibited to drive when you are drunk. Although a lot of people ignore the potential danger and drive after having consumed alcohol or other drugs.

If you are charged with drunk driving and you don’t agree with the accusation, there are still some ways out. Let’s talk about your possible defenses in this case. The most common drunk driving defenses are:

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  • Improper stop – this is the mostly used argument, that claims that the officer had no reason to stop the traffic.
  • accuracy of Breathalyzer test – your attorney may question the validity of test results, claiming that the equipment is not accurate or the officer doesn’t have enough qualification in doing this test.
  • accuracy of Field Sobriety Test – this defense questions the propriety of Field Sobriety Test and whether the results of it are accurate.
  • insufficient evidence for arrest – sometimes the officers can arrest the driver based on their own observations if physical signs such as bloodshot eyes, that could be a sign of impairment. Your lawyer can question that, by claiming that those are “personal opinions”, they are subjective, and have nothing to do with DUI. Physical signs can have another ground, for example allergies.
  • not driving at the time – if you were not driving but just sitting in your parked car, it can’t be a reason for arrest, although some states allow an officer to arrest for drunk driving even without the act of driving intoxicated.
  • rising BAC – it is well known that alcohol need time to “rise” in your blood, because it is gradually “absorbed” into your blood. If there was a long delay between the stop and actual testing, you can claim that your BAC wasn’t over the limit by the time of stop.
  • blood test – sometimes drivers claim that the results of blood test were tampered
  • improper officer’s actions – you may have evidence or testimony of officer’s improper actions that violated your civil rights and falsification of DUI report.

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No Warrant Is Required

A very controversial topic

Did you know you are being tracked right now by the government? The police now is making requests to cell phone companies in order to know the location of their users. It became known in today’s Lawyers.com Radio broadcast where the host Matt Plessner interviews Editor in Chief Larry Bodine.

The good news is: “They’re not asking to listen in on the calls, they just say, ‘we want to know where the person is,’” Bodine says.

According to The Fourth Amendment, the police is required to get a search warrant in almost all cases. Also, The Fourth Amendment, the part of the Bill and Rights, guards people against unreasonable searches and seizures, including arrest. Thus, to be able to get a warrant, the police has to show probable cause that a crime has been committed.

The controversial part of the event is that the police is saying, “We don’t want to bother showing probable cause. We don’t want to bother getting a warrant. We just want the information, just based on our request.”

What’s so special about a Local Record?

Bodine said that the police can get a lot of the information about a cell phone user. For example, they can tell you exactly where you are at the moment. In other words, it’ll be easy to tell whether you went to a bar or a church; whether you are a student or an employee. Even the door you knocked on can be easily identified.

He also explains that there are things people don’t want to make available for anybody. But in this case, your habits, your relationships and all your activities can be figured by the police. It sounds more like an incredible invasion of privacy.

Basically, everything depends on what kind of a cell phone you’re carrying with you. If you have an ordinary phone — to check your location is possible any time you make a call, text or send an e-mail. With a smartphone, everything gets even more complicated, because of a GPS signal; your phone can be checked even though it is on or it is turned off. But, in any event, it can be done without a warrant.

Here’s a link to an audio recorded from the radio station: http://bcove.me/msxqhc08

Bangladeshi Man Tried To Blow Up New York Federal Reserve

In a resent article on Forbes’ website an interesting case has been posted. Fortunately, a 21-year-old Bangladeshi man, tried unsuccessfully to blow up the New York Federal Reserve Bank on Wednesday morning.

It poses too many questions: does anybody pushed him to do that or was that his own initiative?

Quazi Mohammad Rezwanul Ahsan Nafis attempted to detonate what he thought was a 1,000 pound bomb in New York’s financial district, but he was arrested by law enforcement as part of a sting and no one was ever in any danger.

To know more info, go to: http://www.forbes.com/sites/nathanvardi/2012/10/17/feds-arrest-bangladeshi-man-who-tried-to-blow-up-new-york-federal-reserve/