In most cases, you can get your loved one out of jail within 24 hours of their arrest. Within a short period of time (usually the same day) after being arrested, a defendant will be given an initial bond setting. If the defendant has an attorney at that proceeding, the attorney will have the opportunity to explain to the Judge why the individual should be released from jail while the charges are pending. The Judge will consider several factors when deciding whether to release an individual from jail, including (1) their ties to the local community, (2) whether they have a job, (3) whether they have a criminal record, (4) whether they had other charges pending when they were arrested, (5) whether they are currently on probation or parole, and (6) whether they have retained counsel to represent them for their pending charges.

Judges at the initial bond-setting do not have the authority to set bond on charges that potentially carry a life sentence. This includes (1) murder, (2) homicide by child abuse, (3) criminal sexual conduct with a minor, and (4) burglary. Defendants may be released on bond for those charges, but the bond hearing must be conducted by a circuit court Judge in General Sessions, which can take several weeks to schedule. Additionally, Judges at initial bond-settings may decline to set bond for charges that they are otherwise permitted to set bond for, if they feel that the defendant’s case requires special attention. This sometimes happens in major felony cases, such as armed robbery, strong-arm robbery, ABHAN, and serious domestic violence cases.

If your loved one is granted a bond on their charge(s), they will either be released immediately without having to make special arrangements (this is called a “PR bond”), or they will have to post bond in order to be released. “Posting bond” means submitting money to the Clerk of Court that the Clerk will hold until the case is concluded. If the defendant fails to appear for court when the case is called, the bond money is forfeited to the Clerk. Most families do not have enough cash to directly post bond, and they will need to employ the services of a bondsman. A bondsman is an individual who is authorized by law to post the bond money on your behalf. In exchange for doing so, they typically charge a non-refundable fee.

There are 6 categories of arrests and/or convictions that can be removed from your criminal history by expungement. They are as follows:

1. Charges that have been dismissed because you completed a Pre-Trial Intervention Program (PTI).
2. Charges that were dismissed prior to trial, or charges that you took to trial and were found not-guilty.
3. First-time misdemeanor convictions, if you have gone 3 years from the date of conviction without any additional convictions. (this time frame is extended to 5 years for domestic violence convictions).
4. Charges that were resolved with a guilty plea under the Youthful Offenders Act (YOA), provided that 5 years have passed since the completion of the sentence, and you have no additional convictions on your record.
5. First convictions for Fraudulent Check or Failure to Stop for Blue Lights are eligible for expungement in some circumstances.
6. Charges that were resolved with a Conditional Discharge plea. This type of plea is only available for first-time drug possession crimes, and they allow the charge to be expunged after the defendant has completed a term of probation.

Yes. Unfortunately, in some circumstances an individual’s best option when he/she is facing serious criminal charges is to cooperate with the prosecution, and to help them to build new cases. This usually requires the individual to consent to an interview (this is normally called a “proffer” or a “debriefing”), and they will be required to answer any questions that the prosecutor and law enforcement officers ask. The client may be interviewed numerous times, and may even have to testify in court. Providing information to the government can be extremely risky, and it is imperative that an individual have a skilled attorney to guide them through the process, and ensure that they get the best possible result in exchange for their cooperation. Call our office if you find yourself in this position.