MINNESOTA DWI DEFENSE LAWYER
People who are arrested for a suspected gross misdemeanor or felony DWI may be detained and taken directly to jail after being pulled over for suspicion of DWI. The time spent in jail is pending a court appearance. Unfortunately, a person who is arrested without a warrant can spend up to four or more days in jail before they appear in court and this can cause a number of hardships with work, family, and other obligations.
If you have been arrested for DWI, it is imperative to work with a St. Paul DWI lawyer as soon as possible. That way you can get out of jail and back to your life pending your hearing. This will help you preserve your job and other areas of your life.
HELPING YOU THROUGH WARRANTLESS ARREST
It should be noted that bail bondsmen may call family members in order to solicit business. This is another reason why it is important to speak to a competent attorney who can help with the matter before ever paying a bail bondsman. Many times, bail can be posted for less money or can be avoided completely when securing a person’s release.
Nonetheless, in a warrantless arrest, such as what is typical with DWI, there are two rules that the prosecution must comply with. Those rules are judicial determination of probable cause in order to detain the defendant must be acquired within 49 hours of arrest and, if judicial determination of probable cause is made within 4 8hours, the defendant must have their court appearance within 36 hours. The 36-hour period does not include the day of arrest.
If the court would fail to make a judicial termination of probable cause within 48 hours, the court has to release the defendant without any conditions.
GUIDANCE THROUGH THE BAIL PROCESS
In a gross misdemeanor case, a defendant is allowed to be released without any conditions upon posting the maximum bail of $12,000. In other DWI offenses, the bail amount can vary.
If the maximum bail is set, the defendant has the option of posting bail in cash. If he or she does so in cash, then the defendant is entitled to a return of the $12,000 minus any court costs and fines when the case is resolved. If the defendant doesn’t appear in court, the court may revoke the bail and the defendant forfeits their money. Because most defendants do not have that type of cash, they will usually retain a bail bondsman who charges a fee of 10% of the bail amount. That means $1,200 will get the defendant out of jail. This is a process in which you will need the assistance of your Minnesota DWI lawyer because you will want to ensure that every step of the process is carried out properly. If a person doesn’t show up in court, the bail bondsman will try to bring them in and will charge the defendant the total amount of the bond.
CONTACT A ST. PAUL DWI ATTORNEY
When arrested for suspicion of DWI, a person is typically detained in jail pending their court hearing. If you have a loved one who has been put in jail, an experienced DWI lawyer can help get your friend or family member out of jail so they do not spend days in jail before their hearing. To learn more about how the Ramsay Law Firm, PLLC can help, call 651-604-0000 for a free consultation.
MINNESOTA BAIL BONDS LAWYER
At the Ramsay Law Firm, PLLC, we work hard to ensure you can get back to your life as soon as possible. This means getting you out of jail while the criminal case against you moves forward. By getting you out of jail, you can go back to work, go back to school, and be with your family until you have to be in court again to face the charges against you.
If you have been charged with DWI, it is important for you to defend yourself against the charges. By having an experienced St. Paul & Minneapolis DWI lawyer working with you every step of the way, you can get out of jail sooner and you can get a positive result in your case. Even if you were drinking and driving, there may be elements of your case that prevent you from paying the maximum penalties.
SECURING YOUR RELEASE
Sometimes bail is required and sometimes it isn’t. When it is required, it is referred to as “mandatory bail.” For a first time offender who has a blood alcohol content of .20 or above or they have a minor in the vehicle at the time of the offense, their mandatory bail is $12,000. If a person is on their third offense in ten years, they are also subject to the $12,000 in mandatory bail.
The court typically sets bail as a monetary figure that has to be paid by the defendant in order to go home while awaiting the next court hearing. If you appear as you are required, the bail money is released at the end of your case. If you do not appear, then the bail is forfeited and the court receives it.
But first there is the bail hearing, which takes place in court and the judge determines the bail amount. Bail may be required when a judge feels that there is a danger to the public or you are not likely to come back to court when you are supposed to. The judge may look at ties to the community, community involvement, family members in court with you, the length and nature of your employment, and prior criminal history.
TAKING CARE OF THE BAIL PROCESS
Because most people do not have the cash to pay the bail amount, a bail bondsman can be quite useful. The bail bondsman puts up the money in exchange for a fee. The fee is a percentage of the bail and the fee is sometimes guaranteed through a lien. This ensures the bail bondsman is paid in case the defendant fails to show up at future court appearances.
Your Minneapolis & St. Paul DWI lawyer will help in the choosing of a good bail bondsman to ensure that you receive the best deal. Your attorney will consider things that are important to you, such as whether or not collateral is required and the speed in which bail can be posted. That way you can get home as soon as possible.
CONTACT A ST. PAUL & MINNEAPOLIS DWI ATTORNEY
Bail is an important part of a DWI case because it is what allows an individual accused of the crime to return to their lives. If you or a loved one has been accused of DWI, it is important to seek the help of a qualified DWI attorney to help you fight the charges against you. To learn more about your options, call 651-604-0000 for a free consultation.
DWI & MANDATORY BAIL
After being arrested for DWI, bail may be established. Bail is a certain amount of money that a person pledges or deposits in exchange for their release from jail. When bail is posted, the individual is stating that he or she knows that there will be a trial and that they will have to return. The exact amount of bail will be determined by the judge based on the facts in the case.
If you have been arrested for DWI, it is important that you talk to your St. Paul DWI lawyer as soon as possible so that you know what your rights and options are and so you can post bail and go home as soon as possible. Once bail is established and you are free, you have to remain law abiding and obey the conditions of your release.
Minnesota law also says that a judge has to set two bail amounts. One is based on conditional release and the other is based on unconditional release. The amount for an unconditional release is going to be higher than a conditional release.
UNDERSTANDING THE STATUTES GOVERNING BAIL
Minnesota state law says that bail is to be imposed for a person to be released until their next court appearance. Bail may be an available option if any of the following factors exist:
The DWI offense is any degree other than 4th degree
The suspect had a blood alcohol concentration higher than .20
The suspect refused to submit to alcohol testing
There was a child under the age of 16 in the vehicle
The DWI occurred while the suspect was driving with a cancelled license inimical to public safety
There are standards for the amount of bail. Minnesota law states that the maximum amount of bail for a person charged with Misdemeanor DWI or gross misdemeanor DWI is double the highest cash fine that can be imposed for that offense. That means since the maximum fine for a misdemeanor DWI is $1,000 and that translates into a bail amount of $2,000. Nonetheless, there are exceptions to the rule allowing the bail amount to be as high as $12,000.
HELPING YOU GET OUT OF JAIL FAST
Your Minneapolis DWI lawyer will help you get out of jail fast so that you can get back to your life. However, there are occasions when electronic alcohol monitoring may be needed or you may be ordered to wear a monitoring bracelet as a condition of your release.
In the end, you are subject to mandatory bail if you are charged with first degree or second degree DWI. You and your attorney will decide on what combination of release conditions will be best for you, especially since conditions can affect bail amount.