FAQ

Possibly. In order to do this, the person must first get and pay a bond with the immigration court. There are times when an immigration court will deny a bond to someone, but usually it is possible to get a bond from the immigration court, and there are bail bond companies that can help if you can not pay a cash bond yourself. Once the person has an immigration bond, the criminal court can then set a bond and once that is made, the person can be released on bail.

It is always helpful to get a good lawyer to defend your rights involved in your case as soon as practically possible. Deadlines can be missed, and your lawyer’s investigation won’t start until you hire that lawyer. In that time, potentially valuable pieces of information can be changed or lost in a way that could hurt your case. While courts will give you a new date to come back with a lawyer after your first court appearance, it is usually a good idea to have a lawyer present with you whenever you appear in court, including your first court date.

No. When a lawyer has a client, no matter who is paying the bill, that lawyer represents that client only, and that client has a right to tell his lawyer that he/she does not want the lawyer talking to anyone else about his case. Paying for another person’s lawyer does not entitle the person who paid to get information about the case from the lawyer without first getting full permission from the client him/herself.

That answer depends on a lot of things. Your case may have a lot of developments that can change the course of your defense, and your lawyer should inform you of those developments immediately. Your lawyer has a duty to keep you reasonably informed on the status of your case. You should also understand that there can be long periods of time where nothing has really changed in your case. Examples of that would be things like waiting for a laboratory result, the time between setting the case for trial and the actual trial date, or waiting for videos or reports to come in. The main point is that you should be able to have regular and meaningful communication with your lawyer. After all, what good is your lawyer if you don’t have access to him/her?

That can be a tough call. On the one hand, having good legal counsel does often make a big difference in the outcome of the case, particularly more serious offenses. On the other hand, someone sitting in jail for a long time period is unable to work, pay bills, support a family, and keep a job while locked up. It is possible for a person to literally lose their home, their credit, their vehicle, and fall way behind in paying other bills, including child support. These are all questions that an arrested person and/or their loved ones have to determine based on the financial situation that applies to them at the time of the arrest.

Yes. Many courts will revoke your bond, and put you back in jail with a higher bond, if you are late. It is important to consider parking issues at the courthouse, lines at the metal detectors, and lines for elevators when you decide the time to leave your home and go to court.

Depending on your financial situation and the laws that apply in that situation, if possible, you should help this person by bailing him/her out of jail as soon as possible. Our legal system says that when a person is arrested, that person is to remain in custody until the case is resolved. That can take months or even years. The way to avoid spending all that time in jail to have the person released on bond (bail). There are some situations where bail is not available, though. If the person is accused of capital murder, or if the person was arrested for a felony offense while already on bond for an earlier felony, then the court is able to deny bail to the person entirely. You can put up the cash amount for the bail, or you can use the services of a bail bond company to help you.

No. It is best not to discuss details of your case with anyone other than your lawyer. Your lawyer has a duty to keep everything confidential. Most other people do not. A friend or loved one today, may be an enemy tomorrow. Don’t take that chance.

The first court date is called the “arraignment.” On this day you will be informed as to what you are charged with, what the possible penalties are, and what rights you have. Some judges do this formally, some do not. While it possible that your case could be resolved on the first court date, often that does not happen. You will be given a “reset” which is a document that the court uses to tell you what your next court date is, and what time you need to be there.