Tag Archive for: Criminal Defense

What is Bail and How Does it Work?

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How Does Bail Work?

Bail is a payment given to the court so a person doesn’t have to spend time in jail. More precisely, bail is a legal exchange with the arrestors or the court, extending people’s time before a legal proceeding.

There are two ways a person receives bail.

  1. The police post bail upon arrest.
  2. The court decides the bail amount.

If the court or the police responsible for the arrest have an undeniable proof for a heinous crime, each form of responder can refuse bail.

For context, bail amounts change depending on the severity of a person crime. For instance, a DUI costs less than drug possession. Here’s another layer: each state has different bail standards.

When a judge begins weighing up bail, he’ll also consider the civil and criminal history of the defendant.

Posting Bail

What does it mean to post bail? Put simply, posting bail means you pay your pail instead of going/staying in jail.

This happens the moment you’re sent into booking. An officer will either hand you a ticket explaining your bail, or you’ll have to wait. In some cases, your bail won’t be “posted” right away.

As mentioned above, if your crime is considered too serious by the judge, you might not have the option to post bail.

In these moments, before or after posting bail, you might want to contact your attorney.

Paying For Bail

You can pay in cash, by check, or other forms of currency to the court itself. This resolves you from your jail sentence but doesn’t save you from court proceedings.

If the cost of bail is too much, you might qualify for a bail bond.

Bail bonds are essentially credit loans to relieve the cost of bail. When you think about how bail works, you must realize that the actual money is credit owed to the court system for civil damages.

When a bail bondsman assists a defendant, they pay a portion of their bail up front (an amount that depends upon the bondsman) and make a defendant sign a written agreement.

This contract demands that defendants show up to their trial. If they don’t, they have to pay the bail in full. In some cases, an absent defendant has to pay the bail plus interest fees.

If finding a bail bondsman sounds risky, one has the option to depend on their insurance agency to perform the same function.

These fees fluctuate between agencies the same way bondsman costs vary district to district.

Additional Options

To avoid bail entirely, an outside force could make the case against the bond amount. For example, if the crime committed has not been fairly met with a bail amount, there’s cause for intervention.

In other scenarios, someone might convince the judge to release a defendant if there is reasonable cause. You can find some of these loopholes through having a conversation with an attorney you trust.

Issues and Concerns

An estimated 400,000 people in the US stay in jail because they can’t afford bail. Therefore, an issue surrounding the bail system is cost and effect on prisoners.

In some cases, people may be assumed culpable for crimes they didn’t commit because they weren’t able to pay bail.

Recent changes in bail laws in different states, which remove payment options, or add others on, might compel you to find an apt attorney to solve your bail problems.

Here are the current bail laws that you need to know:

  • Conditional release
  • Bail based on certain crimes

Let’s explore each of these items, giving you a headstart before you meet with your attorney.

Bail Based On Certain Crimes

If you or someone you love has committed a crime, you need to figure out how much your state charges them for release.

Furthermore, every judge determines bonds on a scaling system. This slider determines the amount the accused must owe.

If you’re unsure how much different crime is worth for bail, ask an attorney, or a law-office near you.

Conditional Release

Sometimes a judge or magistrate will release the accused instead of charging bail. Instances include:

  • When another puts the bail on an accused person that outweighs their risk to the community.
  • When the accused shows no remaining signs of a threat to a community.
  • When bail doesn’t sufficiently meet the charges set on the accused.
  • When a third-party can intervene, proving that release aids the upcoming proceedings.

There Is Someone On Your Side

You’ve asked how does bail work, and now you got your answer. With a basic knowledge of bail systems, their payment options, and legal proceedings, you’re off to a great start.

Still, you can make yourself even more secure.

At the end of the day, if you’re worried about how to pay your bail, you need a good attorney to show you the rest of the way.

Don’t be afraid to get your loved one out of a cell. What do you say? This is your chance to educate your friend and family. Make sure you are prepared before anything slips.

Go for it! Take the next step and contact us today for the consultation you need.

How To Behave When You’re Pulled Over

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As  defense attorneys, we often have clients who were pulled over by an officer before they were arrested. Being pulled over is never a fun experience, but there are certain ways to behave that will ease your communication with police, keep you safe, and potentially prevent a ticket or arrest. Whenever you are pulled over, keep the perspective of the officer in mind. You may have done nothing wrong in your view, but remember that the police officer does not know who you are, or if they are approaching a dangerous person. However, if you do everything in your power to communicate that you are not a threat, your interaction with the police is likely to go a lot smoother. In this blog, we will go over some essential tips for communicating with a police officer when you have been pulled over in your car.

When The Officer Approaches…

…be aware of how your behavior is being watched. Put the car in park, roll down the window, turn off the car, and place your hands on the steering wheel so that they can be seen. Be mindful of how any quick movements may look suspicious and could be probable cause for searching your car if it looks like you are hiding something. Wait until the officer asks you for your license and registration to begin looking for them, because rifling through your glove compartment or pockets could look like you are withdrawing a weapon.

Be Cooperative

When you are pulled over, cooperate with any request from the police officer (as long as it is legal). An officer is not required by law to tell you why you are being pulled over initially. Additionally, the officer may ask for your name and address, and may request you either stay in or get out of your car. Remaining cooperative and polite throughout the interaction can only help.

Let Them Control The Conversation

It is important to not act in a way that will look suspicious to the officer, so don’t react defensively. Allow the officer to dictate the conversation. They will ask for your license and registration; if you need to reach into the glove compartment to retrieve either of these items, tell the officer first and wait for their permission. Additionally, resist the temptation to tell your side of the story. The officer may appear open to hearing your version of events, but anything you say could be incriminating and used against you in court. They may be trying to get you to confess to the crime, so don’t apologize for anything, as this is an admission of guilt.

Keep It Brief

When the officer asks you questions, do not lie, but keep it as brief as possible. When the officer asks if you know why you were pulled over, your answer should be, “No.” Keep your answers to their questions to “yes” or “no,” and don’t respond with anything substantive. Nodding and using non-committal phrases such as, “I see,” and “I understand” is the best approach. If you are concerned, you do not have to answer any questions at all. After all, if you remain silent, the officer cannot get an admission of guilt to be used in court.

Refuse A Search

If the officer asks to search your car, you should refuse. When you consent to a search, it makes it substantially more difficult to challenge any evidence they find. Also, if the officer has grounds to search your car, it will happen whether you consent or not. Generally, officers will ask for consent because they do not have legal grounds to search. The officer may pat you down for weapons should they believe you are dangerous, and may look further if they feel anything that seems to be a weapon.

Drinking And Driving

Drinking and driving is never smart, but there are ways to behave during a traffic stop that can make it worse. If you have been drinking, even if you believe you are under the legal limit, do not admit this to the officer; silence will serve you better. In South Carolina, you can refuse a field sobriety test without penalty, but it may cast suspicion on you. Additionally, if the officer asks to breathalyze or perform another chemical test on you, refusing has consequences; in the Palmetto State, your license will automatically be suspended for six months due to the Implied Consent law, which states that when you receive a driver’s license, you automatically consent to these chemical tests.

With all this in mind, a traffic stop may still not go in your favor. If you are arrested, you need legal representation for the best possible outcome in court. At The De Bruin Law Firm, we are experienced defense attorneys who may be able to help. Contact us today to learn more!

Once I have evaluated your case I will provide you an overview of your case. This will describe among other things the criminal law process, how we will work together to navigate the criminal justice system, and what expectation I have for you as a client and what expectations you should have for me as your defense attorney.

Duties Of A Defense Attorney

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“Because Your Future Deserves a Defense”

If you have been charged with a crime, you likely have many questions you want answered, some of which may be about the role of your defense attorney. A criminal defense attorney has many duties once they have been appointed to defend their client in court. In this blog, we will give a brief overview of these duties so you know what to expect from your criminal defense attorney.

Zealous Representation

The first requirement of your criminal defense attorney is to zealously defend you in court. “Zealous representation” means that your defense attorney is fully engaged in representing you. They must have active involvement in every process related to your defense, both before and during the trial. Your attorney must respond to any inquires made of them, and they must promptly attend any criminal proceedings and represent you there.

Advocacy

Next, your attorney must advocate on your behalf. This means that your defense attorney must represent you to the very best of their abilities and raise any potential viable defense in court. However, they are not required to raise any frivolous or unfounded defenses on your behalf.

Effective And Adequate Representation

Lastly, your criminal defense attorney must effectively and adequately represent you. Effective representation means that your defense attorney has followed all of the necessary procedures conscientiously, and has represented you in all of the proceedings, both pretrial and during the trial. Additionally, it means that your attorney properly advised you about the charges against you, and informed you of your rights.

If Your Counsel Isn’t Effective

Under the Sixth Amendment of the Constitution, you are entitled to a fair trial, which includes effective assistance of counsel. In the event that you don’t believe you have received effective or adequate representation, you may appeal your conviction on these grounds. In order to successfully do this, you must demonstrate that your attorney’s conduct was detrimental to the proceedings of your trial, so much so that the results of the trial are unreliable. This does not mean that your defense attorney cannot have made any errors. Rather, you are protected from your defense attorney’s performance if it directly undermined the adversarial process of the trial. If proven correct, you may be entitled to a retrial.

If you need a criminal defense attorney in South Carolina, contact The De Bruin Law Firm. We provide our clients with effective legal counsel for a variety of charges. Call us today for more details.

Getting A Second Chance In The South Carolina Pretrial Intervention Program

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People who are first-time offenders charged with a non-violent crime may qualify to participate in South Carolina’s Pretrial Intervention Program. The purpose of the program is to deter first-time offenders from committing crimes in the future. Not all first-time offenders qualify for the Pretrial Intervention Program.

Under South Carolina law, the following first-time offenders are not allowed to participate in the program:

  • Offenders who participated or were accepted into the Pretrial Intervention Program in the past;
  • Individuals charged with blackmail, or driving under the influence or with an unlawful alcohol concentration;
  • Individuals charged with a traffic-related offense that only results in a loss of points or a fine;
  • Individuals charged with a violent crime;
  • Individuals charged with an offense related to fish, game or wildlife that is punishable by a loss of 18 points; and
  • Individuals previously convicted of a domestic violence offense.

Specifics Of The Program

During the South Carolina Pretrial Intervention Program, participants tour a prison, perform community service, take educational classes, participate in counseling and make restitution to their victims. The solicitor places the charges for offenders on hold while they participate in the program. This means that a trial will not be held in their case.

In order to participate in the Pretrial Intervention Program, an offender must be referred by a judge, attorney or law enforcement member. Participation also requires submitting an application to the Circuit Solicitor’s Office and payment of non-refundable program fees. There may also be additional fees for counseling and drug tests, depending on the offense. It is possible for indigent individuals to have the application fees waived. However, if the fees are waived, the participant is required to perform additional community service.

At De Bruin Law Firm in Greenville, South Carolina, our criminal defense attorneys can defend you if you are charged with a crime and help you to apply for the South Carolina Pretrial Intervention Program if you qualify. Contact De Bruin Law Firm today to schedule a free consultation with one of our criminal law attorneys.

Three Ps Of Sentencing

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In South Carolina, the terms probation, parole and pardon are often referenced in criminal cases. Although each term relates to sentencing, they have very different meanings.

Parole

The Board of Paroles and Pardons can order parole, which allows an offender to be released from prison and complete part of his or her sentence in the community. Not every prisoner qualifies for parole. A prisoner who committed a “no parole offense” does not qualify for parole. Under South Carolina law, a “no parole offense” is defined as a class A, B or C felony or any other offense that is punishable by a maximum sentence of 20 years or more.

Probation

Probation is a process wherein a convicted person is allowed to remain in the community instead of being sent to jail. Probation is typically an option for non-violent first offenses. A probation officer supervises a probationer’s living arrangements and can limit what the probationer is allowed to do. An individual on probation must satisfy certain requirements in order to remain out of jail. In order to remain out of jail, a probationer must do the following:

  • Regularly meet with the probation officer;
  • Promptly pay all court fines, costs and supervision fees;
  • If the probation agent suspects the probationer of breaking the law, he or she must submit to a search of your person or property without a search warrant;
  • Stay employed in order to pay the required court and supervision costs as well as living expenses;
  • Submit to a drug test if the probation officer requests one;
  • Stay out of trouble and do not break the law;
  • Allow the probation officer to visit at any time;
  • Maintain a curfew in order to stay out of trouble; and
  • Follow all of the probation officer’s instruction and advice.

Pardon

Pardon is the best option, as it does not require jail time or supervision. A pardon means that an individual is completely forgiven from all legal consequences of a crime and conviction. This includes all fines and penalties. Eligibility for a pardon depends on an individual’s situation.

  • Probationers: If all restitution has been completely paid, probationers can be considered for a pardon after receiving a discharge from supervision.
  • Parolees: If all restitution has been completely paid, parolees can be considered for a pardon after successfully finishing five years of supervision. However, if the maximum parole period is less than five years, then discharged parolees can be considered for a pardon after successfully completing the maximum parole period.
  • Individuals discharged from a sentence: If all restitution has been paid in full, discharged individuals may be pardoned any time after the discharge.
  • Inmates: Inmates must provide proof of extraordinary circumstances before becoming eligible for parole in order to receive a pardon. The inmate must also pay all restitution completely.
  • Inmates with a terminal illness: A terminally ill inmate may be considered for a pardon after becoming afflicted with an illness with a life expectancy of one year or less. The inmate must provide two doctor’s statements and pay all restitution in full.

Do you need help with a probation, parole or pardon legal matter? At De Bruin Law Firm in Greenville, South Carolina, experienced criminal law attorneys will make sure that you get the best legal representation. Contact De Bruin Law Firm today to schedule a free consultation with one of our criminal law attorneys.

Landmark Fourth Amendment Cases

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The Fourth Amendment is the right of the people to be secure in their persons, houses… against unreasonable searches, and is an important right. Americans want to feel safe in their homes and do not want police constantly involved in their daily lives. On the other hand, Americans want to be safe from crime and terrorism. There is a difficult and controversial balance between these two perspectives, and there has been since this nation was founded.  Let us look at three important cases dealing with Fourth Amendment issues.

Mapp V. Ohio

In the 1961 case, Mapp v. Ohio, the Supreme Court decided that any evidence obtained in violation of the Fourth Amendment would be deemed inadmissible in court. Dollree Mapp was suspected of hiding a bombing suspect. Police knocked at her door, but she did not answer. Eventually, police forced their way in. Once they breached the doorway, Dollree demanded to see their warrant. She placed the warrant in her bra. The warrant was destroyed when the police tried to retrieve it. The police found pornography in the home (a crime in that archaic time) and charged Mapp with possession of lewd material. The prosecuting attorney did not have the warrant to present as evidence. Ohio convicted Mapp, the Supreme Court overturned the conviction and ruled any evidence gathered in violation of the fourth amendment is inadmissible.

Katz V. US

The 1967 Supreme Court case Katz v. United States is another major fourth amendment case. Charles Katz sent illegal betting wagers through a public pay phone booth. The FBI recorded his calls, and the recordings were used as evidence against him in trial. The Supreme Court decided that this evidence was inadmissible as Katz believed he has a “reasonable expectation of privacy” when making the phone calls. The Supreme Court dictated that any conversation made with a reasonable expectation of privacy is protected under the Fourth Amendment and that wiretapping constitutes a search.

Terry V. Ohio

Terry v. Ohio is a 1968 Supreme Court decision upholding “stop-and-frisk” policing. John Terry and two other men were walking around suspiciously in front of a building. A police officer approached them and found a pistol in Terry’s pocket. He ordered the three men inside the building and patted them down. He found a weapon on one of the other men. Terry and his armed friend were charged with carrying concealed weapons. The Supreme Court ruled that Terry’s search was reasonable and justified by the need to protect “the police and others nearby.” Since this case, there have been many other cases addressing the issue of when it is okay for an officer to search a suspect.

The Fourth Amendment is an important protection. If you feel your Fourth Amendment rights have been violated, you need effective legal representation. Many cases hinge on Fourth Amendment rights being handled properly. The police have a duty to behave by the standards set by the constitution, but sometimes they do not always follow the rules. The De Bruin Law Firm has experience helping people in difficult situations. Let us help you with your case, contact Greenville Defense Attorney Aaron De Bruin about your case today.

The De Bruin Law firm offers a wide range of legal services to clients in Greenville, SC and the surrounding upstate. Our experienced attorneys can help you with legal matters in the areas of business law, criminal law, estate planning, and real estate law.

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