The post How Does Posting Bail Work? appeared first on Martin & Reed.
]]>Almost anyone who has ever watched a movie or television show understands that bail is how they get released from jail after arrest, but until they’ve experienced the process, few people know exactly how it works.
The justice system in the United States upholds the understanding that citizens are innocent until proven guilty; therefore, those charged with crimes in the U.S. generally have the opportunity to leave jail and return to their home and community between jail and the conclusion of their trial. Bail is the means through which those charged with crimes secure their freedom while awaiting trial. This is also a critical way to ensure that arrested individuals are freely able to participate in their own defense by making it easier to confer with lawyers.
Posting bail is the process the law uses to temporarily release a charged individual through a security interest by posting money or liens on their property. This helps to ensure that the individual returns for their trial so they don’t lose their money or property through default.
Courts have bond schedules that have guidelines for the typical bail amounts for various charges, but a judge has the authority to deviate from the suggested amounts. Courts consider criteria such as the following when setting bail:
An arrested individual’s attorney typically argues for the lowest amount of bail for their client at the bail hearing.
After an arrest, a judge sets bail for the defendant. The amount of bail increases with the severity of the crime. A defendant may have their attorney request a bail hearing to ask for a reduction in the amount. If the defendant can pay their bail, they post the payment and the judge releases them pending the outcome of their criminal trial. Once the trial is complete, the amount of money posted for bail is returned.
In most cases, a defendant’s family member posts the bail in person at the jail through cash, debit or credit card payment, cashier’s check, or money order. If the defendant and/or their family cannot afford to pay the bail amount, they must contact a bail bondsman and go through the bond process.
When bail is a large amount or the defendant cannot afford their bail, a bail bondsman essentially loans the defendant or their family the money and then keeps 10 to 15 percent of the total as payment after the trial when the court returns the bail amount to the bondsman.
If a defendant violates any of the terms of the bail agreement, including failing to appear at any of the court proceedings, they lose the entire amount of the bail and the judge typically returns them to jail to await trial.
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]]>The post What Is a Bench Warrant? appeared first on Martin & Reed.
]]>Warrants are a necessary tool to ensure that the legal system works as intended. A judge issues an arrest warrant after the police approach them with convincing evidence of a crime. The arrest warrant allows police to detain the criminal suspect charged with the crime. After they are charged, in most cases, the suspect posts bail either using their personal funds or through a bondsman. Bail allows the suspect’s release pending their trial. An arrest warrant begins with law enforcement and ends with a judge while a bench warrant both originates and ends with a judge—or from the judge’s “bench.”
If an individual charged with a crime fails to appear at a legal proceeding or if any individual fails to follow a court order the judge may issue a bench warrant.
Unlike arrest warrants, bench warrants don’t always involve criminal proceedings. For example, bench warrants are sometimes issued against a person who fails to pay child support, or spousal support, or is otherwise in contempt of court. Common reasons a judge might issue a bench warrant include the following:
Bench warrants are the court’s way of compelling people to comply with court orders by allowing law enforcement to apprehend and detain offenders and bring them before the court.
If you’re already facing criminal charges, a bench warrant means you’re now facing a second offense. A history of failure to appear (FTA) has a significant impact on bail in any future arrests. Even if the bench warrant was issued because you failed to appear in court for a parking ticket, the warrant will show up when law enforcement officers check your license during a routine traffic stop. This typically results in arrest.
Bench warrants also appear on your criminal history which could impact your ability to get a job if an employer runs a routine background check.
If you’ve learned there is a bench warrant out for your arrest, take it very seriously, but don’t panic. Instead, you should consult with a criminal defense attorney about your options. In most cases, suspects can resolve bench warrants by complying with the court’s orders. There are several ways to comply, including the following:
In many cases, the judge will clear a bench warrant issued for a failure to appear in court if you have a valid, evidence-backed excuse; for example, if the court order was delivered to an incorrect address, you were stuck in a traffic jam due to an accident on your way to court, or you had a serious family emergency. Your defense attorney will help you present your case before the judge to dismiss the warrant as long as you make it clear that you intend to comply with orders going forward.
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]]>The post Long-Term Consequences of a Criminal Conviction appeared first on Martin & Reed.
]]>A permanent criminal record can haunt a previously convicted individual, with ramifications for many aspects of their educational, professional, and personal life. Some of the long-term consequences of a criminal record include the following:
A criminal conviction has a long reach on the life of the convicted person that doesn’t cease with the completion of the sentence, the payment of the fine, or even after completing probation. The true impacts of a conviction are life-long, with far-reaching effects.
Colorado is an “open-record state,” meaning not only can potential employers perform background checks, but anyone in the public can access criminal records easily and at minimal expense. While some types of criminal records may be sealed after a specific waiting period depending upon the type of crime, records for some types of serious convictions are unsealable and remain open to the public permanently.
If you have a criminal record in Colorado and you’ve completed your sentence and all probationary terms, speak to your attorney about whether or not sealing your record is an option in your case.
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]]>The post Sealing Vs Expunging Criminal Records in Colorado appeared first on Martin & Reed.
]]>Today, it’s easy for potential employers and others to gain access to a criminal record through an ordinary background check. Many individuals with a record have made positive changes and moved forward with their new lives, so does a criminal record have to haunt them forever? Many people with a record ask, “Can my record be sealed or expunged, and which is appropriate for my record?
Many people use the terms “sealed” and “expunge” interchangeably, but they are very different processes, both of which effectively remove a criminal record from appearing on background checks, but in different ways. The only records that may be expunged are juvenile, underage drunk driving records, and a criminal record for an individual if the case is later proven to have been a mistaken identity.
In an expungement, the criminal record is destroyed so it can’t ever be unearthed in a background check or through any other means. After records are expunged, it’s as though they never existed. Further, the laws state that the individual may lawfully deny that a record ever existed.
An individual may request an expungement of their juvenile record under the following circumstances:
Underage drinking and driving records may be expunged immediately if the charges are dismissed, otherwise, they may be expunged after the individual turns 21 years old.
The police automatically expunge a criminal record when they learn it was a case of mistaken identity. The law compels them to make this correction within 90 days of learning their mistake.
Sealing a criminal record does not destroy the record as though it never existed, but it keeps the record from appearing on background checks. It’s essentially invisible to the public, but law enforcement officers and agencies may still access sealed records. For those with criminal convictions who were not juveniles when they were convicted, sealing their record is the only option since a complete expunging of the record is only available to minors.
Not every conviction can be expunged from a record. The following offenses are not expungable:
Individuals with criminal records may request that their records be sealed if the charges were dismissed, didn’t result in a conviction, or ended with an acquittal or a pardon. Sealing records are also possible for those who complete a diversion agreement or a deferred judgment and sentence, resulting in dismissed charges. For other criminal convictions, individuals may request their records be sealed after a waiting period. The length of the waiting period depends on the severity of the crime.
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]]>The post Sex Offender Laws in Colorado appeared first on Martin & Reed.
]]>Colorado’s legal system is designed to protect the rights of accused individuals. All those accused have a right to due process, including a strong legal defense. This is especially important for those facing charges of a sex crime, which comes with severe and lasting implications with a conviction even after time served.
There are many types of sexual offense crimes in the Colorado legal system. Sex crimes occur when one individual touches another person’s intimate body parts without their consent, during sexually abusive situations, or when an individual engages in non-consensual actions intended to cause arousal to the individual or to their target victim even if no physical contact takes place.
Examples of sexual offenses in Colorado include the following:
Those convicted of other crimes, such as robbery or kidnapping may also face charges of a sexual offense in Colorado if they had sexual motives for the crime.
Colorado requires all sex offenders convicted after July 1st,1991 to join the state’s official registry within five days of their conviction. Those convicted of sex crimes in other states must register in Colorado within five days of becoming a Colorado resident.
The majority of sex offenders must update their information every year within five days of their birthdate. This registry serves to inform the public of possible dangers within their communities. For those convicted of specific sex crimes, such as sexually violent predators and those who committed sexual assaults against children, the law requires updates of their information every three months on the sex crime registry. In addition to the required periodic updates, those convicted must provide updates to the registry under any of the following circumstances:
Registered sex offenders must also update information on the registry if they begin a new job in education, enroll in an institution of higher education, or when there’s a change in their status or job position at an educational institution.
The information included on the sexual offender registry in Colorado also appears on local law enforcement websites.
Failing to register after a sex crime conviction is a class 6 felony in Colorado with penalties ranging from $1,000 to $100,000 in fines or up to 1.5 years in prison.
All individuals in Colorado’s criminal justice system have specific obligations and rights, including the right to a rigorous legal defense.
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