When a citizen is detained by law enforcement officials, there will be a court date he will have to attend to formally hear the complaint of the criminal charges in his case. He will be expected to plea “guilty,” “not guilty,” or no contest if it is available. At this time, the judge will set a bail amount if the suspect does not appear to be a danger to society or a flight risk. Since the individual is accused of a crime, he or she must be detained.
Bail grants the individual release until the court renders judgment. If the individual cannot pay the entire bail amount, he or she can request services from a bail bondsman. He pays the bondsman a percentage of the bail to grant release until he appears in court again.
If the client feels that his bail is too high and would like a reduction, he must go through a bail reduction hearing. His attorney has to get the case in front of the judge and it could be beneficial:
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The bail bondsman would provide testimony in favor of the individual.
Once the bail reduction consideration hearing has been set, the bondsman must approve your lowered amount for bond.
To be prepared for the hearing, you must have the following documents: pay stubs, mortgages, and deeds. The court, as well as the bondsman, will need to see all income and expenses.
The individual should provide all of the information to the bondsman and lawyer beforehand.
Choosing a good bondsman is vital
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The judge favors an experienced bondman’s opinion
He also needs to feel that the bondsman can find you if you flee
The bondsman should provide a check in schedule for the individual to follow, so that the judge would be comfortable in reducing bail.
Your first appearance in the court is called an arraignment. Hiring a bail bondsman may not be enough to fully protect yourself in court, so you will want to be prepared for what will occur during your arraignment. There have been many instances in which arraignments are unpredictable. Here are a few things to expect during this process:
The judge will formally tell you what the specific charges are against you. Knowing what you are accused of is protected by the Sixth Amendment of the Constitution. The court will also advise you of all of your Constitutional rights.
You may enter a plea, either guilty, not guilty, or no contest. These pleas depend on the crime and what your lawyer advises you to do, if you need one.
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A future trial date is set if applicable.
Bail and release issues are settled. The bail amount is determined by a number of factors in serious cases, such as flight risk, danger to others, etc. Usually for small offenses that require a bond or bail being posted, the amount is relatively low. Some bail bond companies arrange to have a bondsman present at the arraignment, so that they can post bail for you even if the amount has gone up.
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You have a right to an attorney even if you can’t afford one, so if your case is serious, get a public defender to help you. A bonds agent can only help you post bail; they are not there to give you legal advice. Make sure you know your rights and your options are clear.
Starting a business can be an exciting and nerve-wracking time. It’s all too easy to get caught up in the whirlwind of logo design, what color office chairs to purchase, yet accidently overlook the legal perspectives. It’s essential to get an attorney on board to make sure you’ve got everything covered, but these few tips are worth noting before you start out, or before you’ve gone too far down the road to make important legal changes:
Do you own it?
This may seem like a strange question, but how much of your company idea was fleshed out whilst you were still working elsewhere? Does any of the technology you’re planning on using, or even any of the ideas have their place in the methods of one of your previous employers? The issue of intellectual property i.e. IP is an important one, especially if there are grounds for a previous employer to claim that you were “moonlighting” in setting up your own company whilst working for them. It’s worth every penny you’ll spend discussing the ins and outs of your future business with an attorney, as this is a notoriously gray area.
What and where?
Have you registered your company in the right way and even in the right State? Remember that if you’re looking for investors, they are, as a general rule, only interested in putting money into corporations, and not into partnerships. Also, it’s prudent to incorporate in Delaware, and qualify your company to do business in any other state you’ll be working in.
Make sure you’re got confidentiality agreements in place as part of your employment contracts. After all, if you’ve honed your skills enough elsewhere to go it alone, you want to make sure that if and when your hires do the same, they don’t take your ideas!