Most of us will go through our entire lives without ever feeling the cold, hard, metal of handcuffs snapped snug against our wrists. We tend to think that only certain types of people go to jail like burglars and drug dealers. However, every day, regular people just like you face arrest. You just never know what the future may bring. It’s important that you understand what your rights if you do face jail time.
The arrest process depends on how and why you’re arrested. If you’re pulled over and the cop sees you have an outstanding warrant, you’ll actually be cuffed, placed in the back of a cop car and hauled to the local precinct. You’ll be put in a holding cell and they’ll contact the county holding the warrant. They’ll find out how much you owe and ask what your payment options are.
Each county has a different threshold amount. So, if your warrant is only for a $100, they’ll usually let you leave on your own recognizance. They’ll schedule a new court date and you’ll be let go. However, if your warrant amount is higher than a couple hundred dollars, you’ll have to either pay it all or spend some time in jail.
If you’re arrested for anything aside from an outstanding warrant, the procedure is a little different.
What is the Arrest Process in Greenville?
If you’re arrested in South Carolina, the process can be quite scary. The first thing the officer will do is read you your Miranda rights. Try to and take note of whether or not he does this. If you aren’t read your rights, your criminal defense lawyer can argue to have the charges dismissed.
After you receive your Miranda warning, you go to the jail. Once at the jail, they’ll take your picture and do your fingerprints. They’ll ask you some basic questions for their paperwork.
After you’re processed, you’ll get a chance to make one phone call. You can use this opportunity to call a family member, lawyer or bail bondsman. We recommend that you contact a family member and ask them to reach out to a lawyer or bail bondsman. This way, they’re not limited to a five-minute conversation from the jailhouse.
Your Family Should Contact a Greenville Criminal Lawyer
As soon as you talk to your family, ask them to contact a Greenville criminal lawyer. You really want a lawyer there to protect your rights. Sometimes, they release from jail a few hours after your arrest. It depends on the prosecutor. If the crime is minor, he may agree to release you on your own recognizance (ROR.)
In most cases, you’ll have to spend the night in jail. In South Carolina, most people have their bond hearing within 24 hours of being arrested. At your bond hearing, the judge will determine what will happen. It’s a good idea to have your Greenville criminal lawyer at the bond hearing with you. This is where they’ll decide if you go home or stay in jail.
Your Criminal Lawyer in Greenville With Fight to Get Your Bond
At your bond hearing, the prosecutor will ask the judge to either deny bond or set it quite high. Your criminal lawyer will ask the judge to set bond low. Your bond depends on the following factors:
- Prior criminal record (if any)
- Flight risk
- Severity of the crime
- Your financial situation
The judge may also put other conditions on your release. For example, he may insist that you stay within the county limits. Maybe you’ll have to stay with your parents for a few weeks pending your court date. Or, he may require that you wear an ankle bracelet for location monitoring. In most minor cases, the judge won’t impost anything unreasonable.
What Happens Next?
Your lawyer will then reach out to a bail bondsman. He will arrange for the bondsman to post bond on your behalf. The amount you have to pay is usually a percentage of your total bail. So, if your bail is at $10,000, you may post a $1,000 deposit for release. Your bail bondsman will post this amount on your behalf.
The judge will give you a new court date. Make sure you show up! If you don’t show up for your scheduled court dates, your bond may be revoked. Contact a bail bondsman in Greenville today if you have any questions.
