Pretrial Release for Dedham OUI Arrests
Bail is the amount paid to the court for pretrial release for Dedham OUI arrests. It is supposed to be set high enough to reasonably ensure a defendant’s appearance in court. Bond or bail can be paid at the police station at the time of arrest or it can be paid at the clerk’s office in Dedham District Court. A credible operating under the influence attorney can help you navigate this process.What is Pretrial Release for Dedham OUI Arrests?
In most OUI first or second offenses, the person will be released on their own personal recognizance, which means they are just released on the promise that they will appear to each and every court date. There are other circumstances that could have increased this amount of bail, and certainly third offenses are higher. There could be a cash bond that would accompany any sort of release. Pretrial release for Dedham OUI arrests is when a party is released pending the disposition of their case.
People can be released on personal recognizance, meaning they are agreeing to appear to every court date on their own. There can be conditions of release, and being either drug or alcohol free in an OUI case might be a condition. There also can be a bail that is paid to make sure that that person appears. However, if somebody is able to post that bail, they would still be able to be released on their own personal recognizance.Implications of Not Complying with a Pretrial Release
There are some conditions of pretrial release, such as do not commit a new offense, but if a person does not comply, this could implicate being held. A person can be held up to 90 days in if they pick up a new offense or if the accused violates the condition of a pretrial release. Say there is a condition of being alcohol-free.
A person who violates that stipulation could be brought in and assessed a higher bail. They could be held in jail until the end of their case. It is very important to make sure that a person does comply with all conditions for pretrial release for Dedham OUI arrests.Documents Involved in Release
In an OUI, a person will get a form from the police department, whether or not they refuse the breath test, essentially tells them how long the license suspension will be. There will be paperwork showing whether a person posted any bail, and there will be a document that tells the individual when they to appear in court.How is Bond Determined?
Initially after an arrest, the bail amount is determined by the clerk’s magistrate if the court is not in session. If that amount can be changed, it can be brought up or brought down at court if the Commonwealth is seeking additional bail or if the court deems it necessary after arguments by both parties.Elements of Posting Bond
If a person is posting bond at the police station, it does not need to be in cash. It is also really important that, if they do not post on their own, they should make sure that the driver keeps the receipt. Bail will only be returned at the end of the case if the defendant does not default on any of their court dates, and in order to get that bail back, they need to be able to produce that receipt. If a person does not have that receipt, they needs to make a motion before the court and appear before the judge, and that is the only way that they can get it back. If a person fails to appear on any of their court dates, the bail will likely be forfeited and lose that money.Importance of Hiring an OUI attorney Immediately
There are certain types of arguments that should be made on that initial date, so it is really important to get a defense attorney on the case as soon as possible.
A lawyer can represent the accused at that initial hearing to ensure that the potential client is released on personal recognizance so that they can be released on a pretrial basis and they are not held in jail pending the case.
A person is better able to help the attorney defend the case for the individual if they are out on bail and it certainly would be a hardship for anyone to be held in jail during the case. It is really important to have an attorney present for pretrial release for Dedham OUI arrests.