EIGHT THINGS YOU SHOULD BE CERTAIN TO DO
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If you are accused of a crime, there are eight things that you should be certain to do:
1. Ask if you are under arrest. If you are, you have a right to know why. If the police claim to have a warrant for your arrest, ask to see it. Remember to be polite and respectful -- but ask the question!
2. Ask to see any search warrant. Just because the police tell you that they have a search warrant does not necessarily mean that they do.
If it is a valid search warrant, it should specifically describe the place to be searched and the items to be searched for. The police have no right to conduct a "general search". They are limited to searching the place described in the warrant for the things described in the warrant.
If you don't ask to see the warrant, and actually read it, so that you know what its limitations are, you may unwittingly end-up "consenting" to the police conducting what would otherwise be an illegal "general search".
Finally, since even a search warrant which appears, on its face, to be valid may, in fact, be invalid, you should always -- politely but firmly -- make it clear that you DO NOT CONSENT to the search, or to the seizure, of any property whether described in the warrant or not.
Don't argue. Stay calm and just -- politely but firmly -- make it clear that you DO NOT CONSENT to the search and seizure.
3. Note and remember the name tags, badge numbers and patrol car numbers of the officers who you have contact with. Like soldiers on a covert mission, behind enemy lines, officers will sometimes remove, or cover over, name tags and badges in order to prevent their identification. In that situation, try to, at least, make a mental note of any distinguishing physical characteristics, accents, voice patterns or distinctive mannerisms that may help you to later identify them.
4. If you have been injured, be certain to ask immediately for medical attention. Since it is unlikely that you will receive much sympathy, or concern, from the police, you may have to ask several times. Try to stay as calm as you can and repeat your request as necessary.
As soon as you can, have some responsible, and reliable, person take photographs of your injuries.
5. Ask to see a lawyer immediately. Remember, if you cannot afford a lawyer, you may the right to have one appointed to represent you free or at a reduced cost.
The moment that you are arrested, or feel that you are a suspect, or the subject of a criminal investigation, you should make it clear that you do not have anything to say to the police -- beyond "your name, rank and serial number" -- and start insisting on seeing a lawyer.
Be polite. Be persistent. Be firm. "No lawyer. No talk." If you stand your ground, and keep repeating that, eventually you will gain access to a lawyer. But you must stand your ground!
6. Ask to make a telephone call. Generally, you have the right to make, and complete, up to three telephone calls in order to contact a lawyer, a bailbondsman, a relative or other person. Since allowing you to do that is, generally, not a high-priority item with the police, you may have to ask, and keep asking, until you are finally permitted to do so. You should be persistent but polite.
The police have no right to listen in, or eavesdrop, on any telephone conversation between you and your lawyer. Typically, jail telephones are not terribly private and seem to come equipped with a police officer nearby.
If you find that to be the case, you might politely ask the officer to step away to allow you some privacy. It isn't very likely to happen, but you can ask. What you do not want to do is to "allow" anyone to overhear your conversation -- and thereby waive the attorney-client privilege of confidential communication!
Even then, you should be guarded in what you say. Never assume that jail telephones, or supposedly "secure" attorney interview rooms, or visitors facilities, are truly private or secure.
7. Ask about being released on bail or "O.R." While there is no absolute right to be released from jail, and remain free, pending trial, you may be eligible for release on bail or on your own recognizance.
Bail involves your depositing money or other security with the court to guarantee that you will appear in court, during the pendency of your case, whenever the court requires you to. If you fail to appear, you forfeit the right to remain free, as well as the money, or property, that you have deposited. You also can be arrested for your failure to appear which is a new, and totally, separate offense for which you can also be prosecuted and punished.
Beware. While in the case of some traffic citations, you may be permitted to "forfeit bail" instead of appearing in court, that is not true in the case of misdemeanors or felonies which are violations of criminal law. DO NOT ASSUME THAT IT WORKS THE SAME WAY IN CRIMINAL CASES THAT IT DOES IN MINOR TRAFFIC CASES. IT DOES NOT!
Although bail can be posted by depositing cash, or property, with the court, the common means is by purchasing a bail bond through a bailbondsman. You pay an insurance-type premium and the bonding company issues what is, in effect, an insurance policy guaranteeing your appearance in court. Typically, that premium is 10% of the bond amount.
If the charges against you are serious, or if you are deemed a "flight-risk", the bonding company will, typically, require that you secure the bail bond by having others co-sign the application with you and/or by putting up property as collateral.
If you fail to appear, the bonding company either has to find you and bring you into court or pay the full amount of your bail. If it has to pay, it is entitled to get its money back from you,or our co-signers,or to take the property you have put up as collateral.
The amount of bail required to be posted to obtain release from jail is usually set by schedule but may vary from county to county depending upon the seriousness of the charge against you.
If you cannot afford to post the amount of bail required by the schedule, or cannot afford the bond premium involved in the bonding company posting it for you, when you go to court, you can ask the judge to either reduce the amount of your bail or to schedule a bail hearing to determine whether your bail should be reduced.
In those situations, the judge will consider the seriousness of the crime with which you are charged, any prior failures to appear you may have had, your connections with the community and the likelihood of whether, if released, you will appear in court when required.
In situations where the charge against you is less serious, you have significant ties to the community, and it appears likely that you will make your court appearances as required, you may be released "O.R.", or on "Supervised O.R.", which means that you are released on your own recognizance, or identification, without being required to post any bond.
However, if you do not qualify for "O.R." release, or are ineligible for bail, or cannot post the bail that is set, you will have to remain in custody until your case is resolved.