After being stopped on suspicion of DWI, those suspected of gross misdemeanor or felony DWI may be detained and transported directly to jail. The time spent in jail is pending an appearance in court. Unfortunately, a person arrested without a warrant may spend four or more days in jail before appearing in court, which can cause a number of difficulties with work, family, and other responsibilities.
At Ambrose Law, we strive to get you back to your life as quickly as possible. This means releasing you from jail while the criminal proceeding against you continues. By releasing you from jail, you can return to work, school, and your family until you must return to court to face the charges against you.
If you have been charged with DWI, it is essential that you mount a vigorous defense. By having a skilled St. Paul & Minneapolis DWI attorney by your side every step of the way, you can get out of jail faster and achieve a favorable outcome in your case. Even if you were driving under the influence of alcohol, there may be circumstances that prevent you from paying the maximum penalties.
People suspected of gross misdemeanor or felony DWI offenses are frequently detained in jail until their court appearance. A person arrested without a warrant may spend at least four days in jail before appearing in court to discuss conditions of release. Under the circumstances, Ambrose Law can help get your friend or family member out of jail as soon as possible.
In a typical DWI case involving an arrest without a warrant, the prosecution and courts must adhere to two rules. First, the court must determine probable cause to detain the defendant within 48 hours of the arrest.
The judicial determination should also establish bail or release conditions, although some defendants will continue to be detained without bail. If the court fails to determine probable cause within 48 hours of the defendant’s arrest, the jail must unconditionally release the defendant.
Second, if probable cause is determined by a judge within 48 hours of an arrest, the defendant must still appear in court within 36 hours. The 36-hour rule, however, does not include the day of arrest, Sundays, or holidays.
If Monday is not a holiday, a person arrested at 2:00 a.m. on Saturday must appear in court by 12:00 p.m. the following Tuesday. Occasionally bail is required, and occasionally it is not.
When it is required, bail is called “mandatory bail.”
The mandatory bail for a first-time offender with a BAC of 0.20 or higher or who had a minor in the vehicle at the time of the offense is $12,000. A person committing their third offense within ten years is also subject to the $12,000 bail requirement. The court typically sets bail as a monetary amount that the defendant must pay in order to return home pending the next court hearing. If you appear as required, your bail is released at the conclusion of your case. If you fail to appear in court, your bail is forfeited and given to the court.
The bail hearing, which takes place in court, is where the judge determines the amount of bail.
A judge may require bail if he or she believes that you pose a threat to the public or are unlikely to appear in court when required. The judge may consider your ties to the community, your involvement in the community, your family members who are in court with you, the duration and nature of your employment, and your prior criminal record.
Taking Care of the Bail Process
A bail bondsman can be quite useful because the majority of defendants lack the funds to pay their bail. In exchange for a fee, the bail bondsman puts up the cash. The fee is a percentage of the bail amount and is occasionally secured by a lien. This ensures that the bail bondsman will be compensated if the defendant fails to appear at future court dates. Your Minneapolis and St. Paul DWI attorney will assist you in selecting a reputable bail bondsman to ensure you receive the best deal. Your attorney will take into account factors that are important to you, such as whether collateral is required and how quickly bail can be posted. Thus, you can return home as quickly as possible.
Helping You Get Out of Jail Fast
Your DWI attorney in Minneapolis will help you get out of jail quickly so you can resume your life. Occasionally, however, electronic alcohol monitoring may be necessary, or you may be required to wear a monitoring bracelet as a condition of your release. In the end, if you are charged with DWI in the first or second degree, you must post bail.
You and your attorney will determine the optimal combination of release conditions, given that conditions can affect bail amount.