Nobody enjoys finding themselves in a jail cell. However, since everyone makes mistakes or finds themselves in the wrong places at the wrong time, it’s easy to get arrested. Once you find yourself in a cell, the next thought is how you will get out. The option is to get out of jail by posting bail. The significant challenge people face is paying the bail amount. You, a friend, or relative might not have the money or hard assets that you can put up as collateral. If you are in Redlands jail after an arrest and don’t have the money to bail yourself out, please contact us at the El Don Bail Bonds. We are committed and have the expertise to help you through the bail process.
The Arrest Process
California statutes have clearly defined various crimes. If you are found or suspected of violating any of the California laws or committing a crime defined by the statutes, a law enforcement officer will make an arrest. The arrest can be made anywhere, including your place of work, in your vehicle, home, or at school. The police must follow the legal process that is provided for in the constitution so that they do not violate your constitutional rights. The procedure of arrest begins with the arresting officer confirming your identity as a suspect, performs an outer body search, and then book you in custody.
Circumstances Under which an Arresting Officer can take you in Custody
Not every arrest is lawful. A lawful arrest occurs when:
The law enforcement officer personally observes a crime
An arrest will not be challenged in court if the arresting officer personally witnessed the suspect committing the act of crime. So, if you are arrested for driving under the influence after an officer has stopped you and administers a Breathalyzer test to realize your BAC level is above the legal limit, then that is a lawful arrest, and the officer should take you in custody.
The arresting officer has a reasonable belief
Probable cause can arise from several circumstances. If a police officer or law enforcement officer has a probable suspicion that you have committed a criminal act or were about to commit one, he or she can arrest and put you in Redlands jail. If a crime like a robbery has been reported and an officer spots someone who fits the description given by the person who has reported the theft, he or she can stop the person. After the stop, the police officer can search, and if anything related to the robbery is found with the suspect, then the officer will have probable cause that the person committed the crime.
A warrant has been issued
An arrest order or warrant is a legal document from a judge issued to a police officer who has handed over a sworn report that allows individuals to be taken into custody. Therefore, if the arrest warrant used is valid, the arrest is legal. The information in the warrant includes:
- The crime that has been committed by the suspect
- Identity of the suspect of the crime
- The specific location where the suspect might be found
- A permit allowing police officers to take the suspect into custody
Remember that warrants are different, and the arresting officers must follow to the latter the guidelines provided in the warrant; otherwise, the arrest will be unlawful.
Understanding Your Rights During an Arrest
Individuals arrested on suspicion of violating the law should be read their Miranda rights before the arrest. The rights include:
- The right not to speak or to respond to questions asked by the arresting officer
- The right to consult an attorney before speaking to the police
- For individuals who cannot afford to hire an attorney, the state can appoint one for them before speaking to police
- If you decide to talk to law enforcement officers when an attorney is not present, you still have the right to stop until one is availed
- When answering queries, the things that you say might be used against you in court
At any point in the arrest process, the police officers should respect your constitutional rights. If the rights are violated, you can challenge the circumstances under which you were arrested and taken into custody. A court is likely going to dismiss a case whose arrest circumstances are unconstitutional or remove the evidence obtained from the unlawful arrest.
The Booking Procedure
Booking refers to collecting information about the suspect who has been put in custody. Keep in mind that during an arrest, police only frisk you, but when being booked and processed, they must conduct a full screening to confiscate all your personal items like keys, credit cards, and phone. After the screening, the officers will do the following:
- Record your personal information, including the name, birth date, address, and physical characteristics
- Record information on the crime you, as a suspect in custody, is alleged to have committed
- Record your fingerprints and photographs
- Do some background checks on your criminal record
- Place you in Redlands Jail or any other local jail
Phone calls in Redlands jail can be very confusing. A detainee might stay for a long time without accessing a phone. If a loved one is in custody, make sure that you get as much information as possible from them during the conversation. The information will be handy when contacting El Don Bail Bonds because our bail bondsman will need to know more about the detainee being held in Redlands Jail.
Once you have been booked, the prosecution attorney has no more than forty-eight hours to decide on either to charge you or not. If you are just held in custody without being booked for several hours, your attorney can challenge the detention. He or she can request the court for a writ of habeas corpus. The order is to instruct the police to avail you in court for the determination of whether your arrest is lawful or not.
When you have been arrested for a minor offense, you don’t have to be detained. You will be issued with a written citation promising to appear before the court at a later date in place of being booked. After signing the citation, you will secure your freedom until the hearing is over. For persons who have committed serious crimes, you can only be released on bond.
The Post-Booking Process
Once you have been booked, the case is sent to a prosecutor who decides what to charge you with. The next thing is the arraignment.
Arraignment and Own Recognizance Release
In an arraignment, the charges against you are read, and you can plead guilty or not guilty. Also, you can plead no contest, meaning that you are not contesting the charges. After the charges have been read, you can now begin the process of securing your release. Authorities don’t want to hold anyone in custody until trial, but their main concern is the suspect appearing in court at a later date.
Depending on the seriousness of the crime you are being charged with, your ties to the community, whether you are a danger to the community and your criminal record, you might be eligible for a release on your own recognizance. Own recognizance is writing promising to show up in court for all your hearings. If you breach the agreement, the court issues an arrest warrant. The other way of securing a release is through bail.
Bail is a financial guarantee that you are going to appear in court until the end of your hearing. The money will be returned if you show up in all your trials as agreed upon when posting bail. If you flee your jurisdiction, then you are not going to get the bail amount back, plus the court will issue an arrest warrant.
During the bail hearing, many things are put into consideration when setting the amount. Some of the issues put into account include:
- Your physical and mental condition
- Your financial capabilities
- Family ties
- Criminal background
- Any history of drugs and alcohol abuse
- The period you have been a resident in your community
If the court grants you bail, your release comes with certain restrictions. The court might require you to go for a drug or alcohol program, psychological or medical testing, limited travel, and revocation of your gun ownership privileges.
After the court has decided on the amount of bail, you can pay cash or any other approved substitute, such as a check. If you cannot afford the bail amount, you can turn to bail bonds agents to ensure that you don’t spend more time in jail.
Find a Bail Bonds Agent Near Me
Case hearing in court can go for months or even years before a judgment is made. You don’t want to spend this time in Jail, whereas you were granted bail but couldn’t afford it. If you or a friend is being held in Redlands Jail, reach out to us at El Don Bail Bonds by calling 760-342-0444. We will help you understand your rights after an arrest and how to go about the process of booking and processing.