Criminal Defense – After The Arrest: Getting Out Of Jail

By Staff Attorney
The Gasper Law Group, PLLC

Maybe you drank too much. Maybe you punched too much. Whatever the case, you’ve been arrested. So what happens next? Depending on when you are arrested, you might have a chance to argue bond as soon as the next day. Here are some tips:

 

  1. Do not talk about your case.

When you appear at a bond hearing, the only consideration on the judge’s mind is a determination of bond. On the low end this means a personal recognizance bond, where you have the opportunity to sign yourself out of jail for a small fee. On the other end is a high cash only bond set in the tens of thousands of dollars.

The judge does not want to hear about the facts of your case.  Talking about how witnesses at the scene lied is not going to get you out of jail. More importantly, you have a Fifth Amendment right to remain silent and prevent self-incrimination. Use it. Everything you say in front of a judge goes on the record. If you talk about your case, the DA can pull a transcript of the hearing and use your statements against you. So no matter how important it sounds in your head that you have a perfect alibi, this is not the time to talk about it.

What the judge does want to hear about is your background. Bond is determined primarily on two factors: Community safety and whether or not you are a flight risk. This means information demonstrating your history in the community is good. If you have lived in the same home for a decade, with close family connections in the community, an argument can be made that you are not a flight risk. If you have a stable job with dependents, this information demonstrates that you have real reasons not to put the community at risk if you are released.

 

  1. Do not talk about your case.

When a cellmate asks what you are in for, it may seem like a simple question. But remember: You are in jail. There are people in this environment who will use any leverage possible to better their position and attempt to bargain a release. Jail informants are people who claim to have incriminating information on other people’s cases that was overheard or directly confessed to them. Often, this information is leveraged for a lighter sentence or a reduction in bond to the informant. But an informant cannot fabricate a confession in your case if they do not know the details of why you are in custody. The more severe the charges against you, the more strongly this rule applies. The District Attorney’s office is much more interested in a confession to a class three felony than a class three misdemeanor. Don’t put a bulls-eye on yourself.

 

  1. Do not talk about your case.

While you are in custody, you have the option of being represented by the public defender. They can argue bond for you. Conversely, if you have a private attorney, they can appear on your behalf. In either case, it is important to remember that an attorney can only make truthful representations to the court. Talking about your case may limit potential mitigating information the attorney was planning on using in an argument. Tell your attorney only what they want to know, when they want to know it.

 

  1. The food in jail sucks.

Build up commissary to buy chips.

And that’s a basic guide to arguing bond.  Contact The Gasper Law Group should you have any further questions or need someone to argue your bond!