There is no set federal law that tells states and localities when they must arraign a defendant, but most areas provide the accused with their first appearance in front of a judge between forty-eight and seventy-two hours after booking. This time frame will vary greatly dependent on how busy a specific jail is and on when a person was arrested. Many areas do not hold court on the weekends or holidays, so if a person is arrested around either of these times, they may be held for a bit longer than usual. You must be wondering how long does it take to get a bail hearing. Bail can be reviewed periodically as the dynamics in the case change.
Take to get a bail hearing – A defendant can request a hearing
If a person is arrested on federal charges then federal law requires they be given their initial arraignment within forty-eight hours of their arrest. This will also vary if a person is arrested on the weekend or holiday, but the time doesn’t exceed seventy-two hours. In both local and federal courts, a person is informed of the crime they are being charged with and expected to enter a plea. If a person enters a “guilty” or “nolo contendere” plea, then they may be sentenced immediately. If a “not guilty” plea is entered then the judge will inform the defendant of the bail amount, if any, that they must post before leaving jail. Bail hearing Brampton only charge a ten percent fee of the bail amount, so they are much cheaper than if a person tried to post their own bail.
Getting out before seeing a judge
Once a person goes before a judge and is given a specific bail amount, they can get out of jail as soon as they post that amount. It isn’t, however, always necessary for a person to wait in jail before seeing a judge. In most areas, certain crimes have a preset bail amount, known as a bail schedule, which can be posted before a person ever sees a judge. In these instances the defendant can be released without ever seeing the inside of a courtroom.
Insure the purposes of bail are met
Bail amounts, even preset ones, may seem excessive, but bail costs in America are high in general. If a person has the available funds to post their own bail then they may do so. In most cases, however, a person will likely be better off if they contact a bail bond hearing Brampton. These bondsmen are usually able to get a person released from jail within hours of being contacted. If a person is able to use a bail agency, they may be out of jail before missing any work at all.
Going to jail is a stressful situation for anyone. It can affect a person’s job, family and freedom. Seeing a judge for arraignment is the right of every person accused of a crime, but the time frame in which this occurs is usually in a gray area in local matters. A person who knows their rights is far more likely to get out of jail in a short amount of time. Many crimes carry with them set bail amounts; this means bail hearing lawyer can have a person out of jail in a matter of hours. It is important that a person contact a bond agency as soon as they get their phone call after arrest to see if their charge has a set bond amount. If it does, then a person can continue with the responsibilities in their lives without allowing their arrest to seriously affect them.
You may not need to go to court to resolve an infraction
An infraction is the least severe offense and involves a traffic ticket or a citation for a minor violation such as speeding.
- How long do you have to wait before going to court.
- After you are arrested, you will have to wait before going to court.
Resolving an infraction is generally an informal process. If you wish to plead guilty, many infractions can be handled via mail, telephone or online quickly without having to appear in court. Your citation or notice will tell you if you can resolve your case without a court appearance or if there is a mandatory appearance required. If you are cited for an infraction, you may have to:
- Pay a fine
- Attend and complete a court-approved program such as traffic school
- Show proof to the court that you fixed a violation, such as renewing expired automobile registration or removing tinted windows.
- If you want to contest a citation, you must request a court date. If you do, you or your attorney must appear in court on time on the date your trial is set to take place.
How long does it take to get a bail hearing have discretion to grant you bail
If you post bail after you are arrested, you will be given a notification of your next court date at the time you are released. This court date is often weeks or months later than your court date would have been if you stayed in custody and is based on the court’s available calendar. If you are released on your own recognizance or given a citation, the citation will tell you when your arraignment date is.
If the judge finds that there is probable cause that you committed the offenses you are charged with at a preliminary hearing, he will hold you to answer to those charges. The prosecutor will then file what is known as the “Information,” which is the formal complaint alleging the charges against you. Then, you will be arraigned on the Information.
Saggi Law Firm will be available to you 24 hours a day, seven days a week as needed. We invite you to contact us for a free, no-obligation consultation. Get quality results. Mandeep Saggi at Saggi Law Firm works vigorously to defend his clients.