I’ve discussed how the bonding system works. But the NPR program suggests corruption in the system, whereby bondsman make political contributions to politicians who in turn make sure that alternatives to bond – pre trial release programs – are kept small so that bondsman can make money on bonds.

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial…

The Supreme Court has held that this right to a Speedy Trial applies not just in the federal courts, but in state courts as well.

The problem is that while there is a federal Speedy Trial Act that applies to federal courts, North Carolina does not have its own speedy trial law.

As a consequence, the procedural rights that a defendant has in North Carolina’s state courts to a speedy trial are constitutional rights, not statutory rights.

And because the Supreme Court has consistently refused to impose strict limitations on either the federal or state governments to have a speedy trial, defendants can await trial for years in North Carolina’s state courts.

Part of the reason is that some delays may be for the benefit of the defense. For instance, the defendant may request continuances or delays so that the defendant (or, more likely, his criminal lawyer) has time to prepare for trial. In complicated cases, where experts need to evaluate evidence or interview the defendant for psychological examinations, the delays may be inevitable.

The Supreme Court, in Barker v. Wingo (1972), laid out a four-part test for determining whether the defendant’s Constitutional rights to a speedy trial had been violated.

1. Length of Delay: A delay of a year or more from the date on which the speedy trial right “attaches” (the date of arrest or indictmentAn indictment is a finding by a grand jury that there is probable cause to believe the defendant committed a crime. An indictment is not a finding of guilt. An indictment, rather, is a method by which a prosecutor moves a case into Superior Court for resolution by plea or trial by jury., whichever first occurs) was termed “presumptively prejudicial”, but the Court has never explicitly ruled that any absolute time limit applies.
2. Reason for the delay: The prosecution may not excessively delay the trial for its own advantage, but a trial may be delayed to secure the presence of an absent witness or other practical considerations.
3. Time and manner in which the defendant has asserted his right: If a defendant agrees to the delay when it works to his own benefit, he cannot later claim that he has been unduly delayed.
4. Degree of prejudice to the defendant which the delay has caused.

An additional problem in Wake County is when the defendant is held in custodyCustody is a general term used describe a condition where an individual does not feel free to leave, as the result of a show of police authority. A person in custody must be read his Miranda rights before being questioned by police. Custody includes arrest, but may be broader than arrest. during the entire pre-trial period. If no bail can be arranged that the defendant can make, the defendant may find himself or herself waiting in Wake County’s jails for trial. The mental and physical toll that can take can be unpleasant.

In the end, if the defendant has been in jail long enough waiting trial, he may find himself much more willing to take a pleaA plea agreementA plea agreement is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. that is actually not a very good pleaA plea agreementA plea agreement is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. deal, just to get out of jail. If the pleaA plea agreementA plea agreement is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. deal involves state prisonA prison is a facility, operated by the Department of CorrectionsA prison is a facility, operated by the Department of Corrections in North Carolina or the Bureau of PrisonsA prison is a facility, operated by the Department of Corrections in North Carolina or the Bureau of Prisons in the federal system, where an offender is sent to serve an active prison sentence of some length. in the federal system, where an offender is sent to serve an active prison sentence of some length. in North Carolina or the Bureau of PrisonsA prison is a facility, operated by the Department of Corrections in North Carolina or the Bureau of Prisons in the federal system, where an offender is sent to serve an active prison sentence of some length. in the federal system, where an offender is sent to serve an active prison sentence of some length. time, he may prefer to go to state prisonA prison is a facility, operated by the Department of CorrectionsA prison is a facility, operated by the Department of Corrections in North Carolina or the Bureau of PrisonsA prison is a facility, operated by the Department of Corrections in North Carolina or the Bureau of Prisons in the federal system, where an offender is sent to serve an active prison sentence of some length. in the federal system, where an offender is sent to serve an active prison sentence of some length. in North Carolina or the Bureau of PrisonsA prison is a facility, operated by the Department of Corrections in North Carolina or the Bureau of Prisons in the federal system, where an offender is sent to serve an active prison sentence of some length. in the federal system, where an offender is sent to serve an active prison sentence of some length., where, I’m told, the food is better and the privileges to go outside are more likely. If the pleaA plea agreementA plea agreement is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. deal amounts to “time served,” he may get out of jail after accepting the pleaA plea agreementA plea agreement is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. merely with the convictionA conviction is a formal finding by a court - either following a trial by a judge or jury or following the entry of a pleaA plea agreementA plea agreement is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. - of guilt. in his record.

The result of all this is that the lack of a speedy trial statute in North Carolina makes it much more important to get an attorney involved in your case as early as possible so that you can, if at all possible, get bail conditions set that enable you to spend the pre-trial period at home, working, with your family, and being productive.

If you or a friend or loved one is facing arrest or is in jail, and you don’t have a Raleigh criminal lawyer, call (919) 352-9411 and I can talk to you about strategies that might enable a pre-trial releasePre-trial release is a program where people with limited or no criminal records may be released from jail pending resolution of their case. PTR usually requires regular check-ins with a case worker. or favorable bond conditions.

These are the ways that a criminal lawyer can protect you. And it really is not very expensive, when you consider what’s at stake.  For $2,000 to $4,000 you will protect your rights, protect your family, and stand a better chance of spending the time before your case’s conclusion out of jail.

Call any time – weekdays or weekends – at (919) 352-9411 for advice.

1) A criminal lawyer will advise you not to talk to police, not to talk to any investigative agencies, and not to take a lie detector exam.  It’s easy enough to say to yourself, “I would never talk to police!” when you’re sitting in the comfort of your home.  But it’s another thing to have a police detective or officer or investigator come to your home, or ask you down to the police station for a “friendly chat” to “get your side of the story.”

Even if you are as innocent as the Pope and Mother Theresa combined, it’s very, very tempting to want to “get your side of the story out there” and to “explain what happened and why you didn’t do anything wrong.”

Criminal lawyers have been through this process many times.  Criminal lawyers know how it works, and how it will sound to a juryA jury may be either a grand jury or a petit jury. A grand jury is a jury that determines whether there is probable cause to believe the defendant committed a crime. The result is an indictmentAn indictment is a finding by a grand jury that there is probable cause to believe the defendant committed a crime. An indictment is not a finding of guilt. An indictment, rather, is a method by which a prosecutor moves a case into Superior Court for resolution by plea or trial by jury. that sends the case into Superior Court, perhaps for a jury trial. A petit jury or simply a jury is the jury of 12 people who have been selected to hear and render a verdict in a case..  Even the most honest, innocent person in the world has little inconsistencies in his story when he tells it several times.  Don’t be fooled.  A police detective is trained to ask a defendant to “tell me what happened in your own words,” and then “tell it to me one more time,” and to “explain that part again.”  Over time, stories change, not because a suspect is lying, but because no one, even someone with a great memory, remembers everything perfectly.

What are almost always minor changes in a story, will sound awfully sinister and threatening if you ever reach trial.  That’s when a prosecutorA District Attorney is the represented of the State, usually elected by the people of a judicial district, to prosecute crimes on behalf of the State. The Wake County District Attorney is Colon Willoughby, Jr. A District Attorney usually has a staff, including assistant district attorneys who are the actual prosecutors who handle most of the day-to-day caseload. stands up and says, “Mr. Detective, when you interviewed the defendant, didn’t he say X?”  “And when you interviewed him a second time, didn’t he say Y?” And so on…

A juryA jury may be either a grand jury or a petit jury. A grand jury is a jury that determines whether there is probable cause to believe the defendant committed a crime. The result is an indictmentAn indictment is a finding by a grand jury that there is probable cause to believe the defendant committed a crime. An indictment is not a finding of guilt. An indictment, rather, is a method by which a prosecutor moves a case into Superior Court for resolution by plea or trial by jury. that sends the case into Superior Court, perhaps for a jury trial. A petit jury or simply a jury is the jury of 12 people who have been selected to hear and render a verdict in a case. can be led to believe that innocent changes in a story are not innocent, but evidence that you were either “unsure” or “being deceptive” or lying.

Criminal lawyers in Raleigh, Cary, and Apex know that there’s a time and a place to get your story out. And that’s if and when you ever go to trial.  It is absolutely essential that you have one story, and that that story be consistent with all the evidence, and that the story also be told once, at trial, with you on the stand.  It is absolutely essential that you not say anything before trial, to an investigator, to other people, to a lie detector analyst that could “be used against you in a court of law.”

2) A criminal lawyer has one job: to protect your rights.  He knows what your rights are.  He knows what the elements of the crime are.  He knows what the prosecutorA District Attorney is the represented of the State, usually elected by the people of a judicial district, to prosecute crimes on behalf of the State. The Wake County District Attorney is Colon Willoughby, Jr. A District Attorney usually has a staff, including assistant district attorneys who are the actual prosecutors who handle most of the day-to-day caseload. will eventually need to prove in order to find you guilty.  He knows how to protect each of your rights before trial begins, to spare you from going to jail at all if possible, and to get you released from jail if necessary before trial.

3) A criminal attorney can arrange a peaceful surrender.  You’ve seen the raids on America’s Most Wanted or The First 48.  You don’t want to be the subject of a raid.  In truth, unless it’s a violent felony with some reason to think you may be dangerous or in drug cases where the police may think you’ll destroy evidence before they make it through the door, the police rarely do no-knock raids.

But that won’t stop them from coming to your work, and arresting you in front of your coworkers or employers. Or at your kid’s baseball practice. The last thing you need is to jeopardize your employment, or be arrested in front of your wife and children.  Or your husband and children. Or your friends and family.  A criminal lawyer can help arrange a peaceful surrender. Not every police detective will accept a surrender.  Sometimes they just want to do a raid, or they want to arrest you in a public.  If a police detective is dead set on arresting you in this manner, not much can be done. But in Cary, Apex, Raleigh, and surrounding communities, there are many fine police detectives and officers who understand that there’s no need to make a big scene out of an arrest.

In many cases, your criminal lawyer can facilitate a peaceful surrender.  This shows to the District AttorneyA District Attorney is the represented of the State, usually elected by the people of a judicial district, to prosecute crimes on behalf of the State. The Wake County District Attorney is Colon Willoughby, Jr. A District Attorney usually has a staff, including assistant district attorneys who are the actual prosecutors who handle most of the day-to-day caseload. and the police that you are being cooperative, while at the same time standing up for your rights.

4) You need someone – a criminal lawyer! – with a clear head to advise you.  In addition to advising you about your legal rights and your criminal situation, a criminal lawyer has been through this situation before.  Unless you’re a career criminal, you have not.  A criminal lawyer can be a voice of calming and reason.  If you’re arrested, you don’t need your husband yelling at you at that moment because he’s “freaking out.”  You don’t need your wife and children crying.  You don’t need your mom screaming, “What did you do!?”

You need someone there who knows that it’s “not the end of the world” and can calmly and carefully advise you to remain calm, to cooperate with police in the arrest and processing, while at the same time not giving up your rights.

Criminal lawyers have been through this before.  They know it’s not the end of the world.  They know how you should act, and what you should say and not say. They can also ensure that you’re treated humanely by the police.

5) Things you say to a criminal lawyer are strictly confidential.  If you ask your best friend for advice by saying, I did “X, Y, and Z. What do you think I should do?” you are in a world of trouble. That friend can be called as a witness and compelled to testify about what you said to him.  What you said is not hearsay, and it’s not protected by confidentiality rules.

However, you can confide in an attorney. There are only a few exceptions to the confidentiality rule.  A lawyer may not keep confidential any plans you have to commit future crimes.  For instance, if you come to me and say, “I’m going to rob Bank of America tomorrow, how can I do it without getting caught” and I believe you will rob Bank of America, I am compelled to tell authorities.  However, if you come to me and say, “Last Thursday I robbed Bank of America. No one knows it was me because I wore a mask. What can I do to avoid going to prisonA prison is a facility, operated by the Department of CorrectionsA prison is a facility, operated by the Department of Corrections in North Carolina or the Bureau of PrisonsA prison is a facility, operated by the Department of Corrections in North Carolina or the Bureau of Prisons in the federal system, where an offender is sent to serve an active prison sentence of some length. in the federal system, where an offender is sent to serve an active prison sentence of some length. in North Carolina or the Bureau of PrisonsA prison is a facility, operated by the Department of Corrections in North Carolina or the Bureau of Prisons in the federal system, where an offender is sent to serve an active prison sentence of some length. in the federal system, where an offender is sent to serve an active prison sentence of some length.?” I must keep that confidential because it was a crime in the past, and I can advise you about how to protect yourself.

The attorney-client confidentiality rules mean that if you talk to a criminal lawyer about your case, the criminal lawyer can advise you, and can’t tell anyone about what you told him.  In addition, a criminal lawyer will get into serious trouble if he ever reveals what you told him to another person.  An attorney-client confidentiality means that an attorney can give advice based on knowing everything about your case and situation.

An attorney-client confidentiality means that visiting a criminal lawyer early in the process gets you the best advice with the greatest protection.

6) Release from Jail.  The single most important part of the process – before a trial, that is – is a First Appearance Hearing where bail will be set.

The reason for this is that most felony cases are not put on the actual trial calendar in Wake County for at least six months.  And most serious felony cases can take between 10 and 16 months.  Some people have been in jail for two years awaiting trial.

Imagine sitting in jail for 4 months, let alone 10 or 24 months awaiting trial.  Let me give you a little hint: It’s not fun.  The conditions are awful, the food is terrible, and the other people in jail are not always the friendliest.

Your criminal lawyer can work with the District AttorneyA District Attorney is the represented of the State, usually elected by the people of a judicial district, to prosecute crimes on behalf of the State. The Wake County District Attorney is Colon Willoughby, Jr. A District Attorney usually has a staff, including assistant district attorneys who are the actual prosecutors who handle most of the day-to-day caseload. or, if necessary, in front of the judge, to try to arrange a bond that will enable you to live out in the world, continue to work at your job, go home to your family every night and not live with the constant pressure of jail.

If you don’t have a criminal lawyer representing you in front of a First Appearance judge in Wake County, you will almost definitely not get as good a hearing.  That’s because a judge will not hear about all of the reasons why she or he should let you out, or give you a bond you can make.

Getting a criminal lawyer early in the process so he can help you put together a list of reasons why the judge should set a reasonable bond for you can make all of the difference in the world.

Even if you can’t afford the criminal lawyer for your actual trial, and you’re appointed a public defenderA court appointed lawyer is a lawyer appointed by the Court (sometimes via the Public Defender Office) to represent an individual in court. Only indigent (poor) people qualify for a court appointed lawyer. A public defender is a lawyer who is employed by the Public Defender Office and who only represents indigent (poor) clients., a criminal lawyer early will possibly save you months of being in jail.

7) Release from Jail.  What I’ve written above about Release from Jail is absolutely essential. Read it again. If I could capture and share with you the stink and smell of Wake County’s jails, especially in July and August, you would understand just how important it is to get some kind of pre-trial releasePre-trial release is a program where people with limited or no criminal records may be released from jail pending resolution of their case. PTR usually requires regular check-ins with a case worker. arrangement so that you can live a fairly normal life while you await the final disposition of your case.

I represent people at their First Appearance hearings for between $2,000 and $4,000.  That is money wisely spent, if it means keeping you out of jail for six or eight months while you await possible trial, dismissalA dismissal may occur upon a motion by a party, or by the prosecutor. A voluntary dismissal is a true dismissal where the charges are no longer pending. A dismissal with leave, also known as a VLA dismissal may occur upon a motion by a party, or by the prosecutor. A voluntary dismissal is a true dismissal where the charges are no longer pending. A dismissal with leave, also known as a VL, is a method of the prosecutor places the case into a holding pattern, usually because the defendant has failed to come to court on an assigned court date., is a method of the prosecutor places the case into a holding pattern, usually because the defendant has failed to come to court on an assigned court date. of charges, or a pleaA plea agreementA plea agreement is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. arrangement.

8) Wake County Public DefenderA court appointed lawyer is a lawyer appointed by the Court (sometimes via the Public Defender Office) to represent an individual in court. Only indigent (poor) people qualify for a court appointed lawyer. A public defender is a lawyer who is employed by the Public Defender Office and who only represents indigent (poor) clients..  The Public DefenderA court appointed lawyer is a lawyer appointed by the Court (sometimes via the Public Defender Office) to represent an individual in court. Only indigent (poor) people qualify for a court appointed lawyer. A public defender is a lawyer who is employed by the Public Defender Office and who only represents indigent (poor) clients. in Wake County is fantastic.  There are some truly fantastic lawyers who work as public defenders.  They are great lawyers, with a real sense of duty to indigent clients – the poor – who are unable to afford counsel.  If I were charged with a crime in Wake County, I would try to hire – even though it’s forbidden for them to work for private clients! – a few of the Wake County Public Defenders to represent me.

But they have a huge case load. In addition, they rarely appear at First Appearance hearings to argue bail.  That’s because they often are not appointed until after the First Appearance Hearing, where the judge will determine whether the defendant is indigent and entitled to a Public DefenderA court appointed lawyer is a lawyer appointed by the Court (sometimes via the Public Defender Office) to represent an individual in court. Only indigent (poor) people qualify for a court appointed lawyer. A public defender is a lawyer who is employed by the Public Defender Office and who only represents indigent (poor) clients..  Those two factors mean that Public Defenders may not be able to be there when you need them most.  That’s no slight against Public Defenders.  It’s just a fact of the way Public DefenderA court appointed lawyer is a lawyer appointed by the Court (sometimes via the Public Defender Office) to represent an individual in court. Only indigent (poor) people qualify for a court appointed lawyer. A public defender is a lawyer who is employed by the Public Defender Office and who only represents indigent (poor) clients. Offices across the country work.

9) Protect Your Family.  Your family needs to know that you’ll be taken care of, and that your rights will be protected.  Yes, it’s a financial burden to hire an attorney.  Yes, hiring me for $2,000 or $3,000 to represent you at a First Appearance Hearing, or for a trial is not what you’d prefer to be doing with your money.

But, frankly, given what’s at stake – probationProbation may be either unsupervised or supervised. Unsupervised probation generally simply requires the person stay out of trouble for a specified period. If the person violates probation (perhaps by committing a new crime) the person may be required to serve an active sentence. Supervised probation requires the person to check in with a probation officer, and may have additional requirements., a prisonA prison is a facility, operated by the Department of CorrectionsA prison is a facility, operated by the Department of Corrections in North Carolina or the Bureau of PrisonsA prison is a facility, operated by the Department of Corrections in North Carolina or the Bureau of Prisons in the federal system, where an offender is sent to serve an active prison sentence of some length. in the federal system, where an offender is sent to serve an active prison sentence of some length. in North Carolina or the Bureau of PrisonsA prison is a facility, operated by the Department of Corrections in North Carolina or the Bureau of Prisons in the federal system, where an offender is sent to serve an active prison sentence of some length. in the federal system, where an offender is sent to serve an active prison sentence of some length. sentence – it is absolutely foolish not to hire a lawyer, even if only for the limited purpose of representing you and advising you what you should do preceding and during arrest.

Frankly, simple advice given early in the process can help prevent much worse consequences down the road, including very large legal bills, serious convictions, and potential prisonA prison is a facility, operated by the Department of CorrectionsA prison is a facility, operated by the Department of Corrections in North Carolina or the Bureau of PrisonsA prison is a facility, operated by the Department of Corrections in North Carolina or the Bureau of Prisons in the federal system, where an offender is sent to serve an active prison sentence of some length. in the federal system, where an offender is sent to serve an active prison sentence of some length. in North Carolina or the Bureau of PrisonsA prison is a facility, operated by the Department of Corrections in North Carolina or the Bureau of Prisons in the federal system, where an offender is sent to serve an active prison sentence of some length. in the federal system, where an offender is sent to serve an active prison sentence of some length. time.

10) Peace of Mind. Some people who think they might be arrested, worry that by going to a criminal lawyer they’ll “look guilty.”  And frankly, that’s bullshit.  People go to criminal lawyers (or any lawyers, really) because they are not experts in the law, and need some advice from a lawyer.  When a criminal lawyer is involved, that doesn’t indicate guilt. It can’t be used against you as evidence of guilt in a court.  And it’s only smart.

It’s a dirty little secret that everyone in the criminal justice system – lawyers, prosecutors, police, investigators and judges – knows that the only smart thing to do when faced with a possible criminal allegation is to hire a criminal lawyer.

Every prosecutorA District Attorney is the represented of the State, usually elected by the people of a judicial district, to prosecute crimes on behalf of the State. The Wake County District Attorney is Colon Willoughby, Jr. A District Attorney usually has a staff, including assistant district attorneys who are the actual prosecutors who handle most of the day-to-day caseload. I know would never talk to a police officer if they were under investigation for a crime.  Every police officer knows that it’s silly to talk to a police detective without a criminal defense attorney present.

The only people who think it’s bad to talk to a criminal lawyer are people who have never been arrested, or never been investigated for a crime.

But believe me, everyone else knows that if that ever happens to you, the first thing you should do is get a criminal lawyer.  Call me at (919) 352-9411 if you ever want to talk confidentially.

1. Written Promise to Appear – In the movies, they call this “released on your own recognizance.”  It simply means that the person arrested and jailed is released from jail and makes a written promise to appear at the next court date (and to stay out of trouble).  Under North Carolina’s statute, this is the preferred method of releasing someone from jail.

2. Written Promise of Another – This option is used if the person arrested is underage (or, perhaps, mentally retarded).  In this case, the judge orders the release of the individual on the written promise of another person, usually a family member, to supervise the person, and make sure the person appears at the next court date.

3. Unsecured Bond – If a judge or magistrate sets an “unsecured bond,” it means that the individual who has been arrested is released, but if the individual fails to show up at the next appearance, the person will automatically be required to pay the bond amount. For instance, if the unsecured bond is set at $5,000, the individual pays nothing to get out of jail, but will be required to pay the full $5,000 if the individual fails to show up at the next court date.

4. Secured Bond – This is the toughest bail condition.  Under this bail condition, the arrestee/defendant must post the full bond himself (or the family must post the full bond), or the arrestee/defendant can pay a bondsman to agree to post the full bond.  If the person posts the full bond himself or through his family, and the person appears at subsequent court dates, then the court will return the bond to the person.

If the person posts the bond using a bondsman, the bondsman takes a fee – usually between 10 and 15 percent – which the bondsman keeps.  In exchange, the defendant is released from custodyCustody is a general term used describe a condition where an individual does not feel free to leave, as the result of a show of police authority. A person in custody must be read his Miranda rights before being questioned by police. Custody includes arrest, but may be broader than arrest..  If the defendant fails to show up for court, the bondsman is permitted under the law to track down the defendant and produce him for the court. Or the bondsman will be required to pay the full bond and lose that money.

You can see why someone like Dogg the Bounty Hunter is often hired by bondsmen to track down people who have skipped bond.  Most bondsman do not like to lose $50,000 (or whatever the bond might be set at). They’d rather pay a skip tracer/bounty hunter to find the defendant and return him to jail.

If you hire an attorney, most bondsmen consider that a less risky bond to make, and will take 10 percent, rather than 15 percent.  On a $30,000, that means the payment to the bondsman is $3,000 rather than $4,500.

If you think you might be arrested, in addition to finding an attorney who can represent you, you should also get the money together to pay the bond.

In addition, you should talk to your attorney about who might appear at your first appearance hearing so that the best case can be made for the least restrictive, lowest bond.

The lower the bond, the less you have to pay.  And if you have otherwise a clean record, you may even be able to get an unsecured bond set for you.