What To Do When You Get The Call?


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What To Do When You Get The Call?

  1. 1. What Do You Do When You Get the Call? The Basics of Jail Release By Charles F. “Charlie” Baird
  2. 2. THE OFFICE CALL <ul><li>What do you do if a person introducing themselves as law enforcement shows up with a warrant or subpoena and demands documents immediately or questions your employees? </li></ul>
  3. 3. Records Maintained by a Healthcare Provider About a Patient <ul><li>FBI (Re: Social Security) </li></ul>“ Of the $4.3 million penalty, $3 million is for failing to cooperate with the investigation” 
  4. 5. &quot;[T]here is no constitutional right to a pre-execution contempt hearing and that administrative warrants, like criminal warrants, can be executed by means of reasonable force.&quot;
  5. 6. Heavily Regulated Businesses <ul><li>Some businesses concede many 4 th Amendment rights through a required license </li></ul><ul><ul><li>Alcohol </li></ul></ul><ul><ul><li>Adult Oriented Business </li></ul></ul><ul><ul><li>Food </li></ul></ul>“ [T]he dressing room should not have been searched because appellant exhibited an expectation of privacy in that area which I believe was reasonable under the circumstances. Thus, the search was beyond the scope of that authorized by the T.A.B.C.”
  6. 7. THE JAIL CALL <ul><li>As lawyers, all non-lawyers expect us to know the answer to every legal problem leading to calls like this: </li></ul>
  7. 8. <ul><ul><li>“ Hi lawyer that I know, this is Zane Blutarsky. I know you are a tax attorney, but I have just been arrested and you are the only member of the State Bar that I know. WHAT DO I DO?!?” </li></ul></ul>
  8. 9. <ul><ul><li>“ Hi lawyer that I know, this is Kim Ichabod, it’s 3 AM and my husband and/or son has just been arrested! WHAT DO I DO?!?” </li></ul></ul>
  9. 10. So What Do YOU Do? <ul><li>The following slides will tell you all you need to know to get your loved one, friend or guy you gave your card to at a cocktail party out of jail. </li></ul>
  10. 11. <ul><li>The arrested person is usually taken before a judge, most often a magistrate judge </li></ul><ul><li>The judge sets a bail amount </li></ul><ul><ul><li>Bail is the security given by the accused that he will appear and answer before the proper court the accusation brought against him. </li></ul></ul>
  11. 12. Bail Amounts <ul><li>Texas Code of Criminal Procedure 17.15 </li></ul><ul><li>The judge setting the bail amount is governed by the Constitution and the following considerations: </li></ul><ul><ul><li>That the bail should be sufficiently high to give reasonable assurance that the defendant will comply with the court’s orders and make the proper appearances if released from jail </li></ul></ul><ul><ul><li>That requiring bail is not being used as an instrument of oppression </li></ul></ul><ul><ul><li>The nature of the offense and the circumstances under which it was allegedly committed </li></ul></ul><ul><ul><li>The ability of the arrested person to make bail </li></ul></ul><ul><ul><li>The future safety of any victims in the community </li></ul></ul>
  12. 13. <ul><li>AUSTIN, Texas (AP) </li></ul><ul><li>A Texas court on Wednesday issued a warrant for former House Majority Leader Tom DeLay's arrest, and set an initial $10,000 bail as a routine step before his first court appearance on conspiracy and state money laundering charges. </li></ul>
  13. 14. Types of Bonds <ul><li>Personal Bond </li></ul><ul><li>Surety Bond </li></ul><ul><li>Cash Deposit Bond </li></ul>
  14. 15. Personal Bonds <ul><li>A bond that does not require the person to post a security or surety order to be released </li></ul><ul><li>The person is essentially released on his own word to return to court and follow the court’s orders </li></ul><ul><li>How does a court determine if a person is eligible for a personal bond? </li></ul>
  15. 16. Pretrial Services <ul><li>Someone from pretrial services will usually interview the arrested person to determine if they recommend a personal bond. They consider: </li></ul><ul><ul><li>The person’s residency in the County and the duration of such, </li></ul></ul><ul><ul><li>The person’s offense and the circumstances surrounding it, </li></ul></ul><ul><ul><li>The person’s prior criminal history, </li></ul></ul><ul><ul><li>The wishes of the complaining witness(es) especially in assault/family violence cases </li></ul></ul><ul><li>They also confirm the accuracy of statements through references </li></ul>
  16. 17. No Personal Bond? <ul><li>Not everyone is approved by pretrial services </li></ul><ul><li>This is when an attorney or a bail bond company will be needed </li></ul><ul><ul><li>An attorney can also get a personal bond for the arrested person </li></ul></ul><ul><ul><li>Most lawyers charge at least 10% of the bail amount in order to do a jail release </li></ul></ul><ul><ul><li>This involves work similar to what pretrial services does </li></ul></ul>
  17. 18. 1.) Interview the Defendant Steps for Getting a Personal Bond
  18. 19. Steps for Getting a Personal Bond <ul><li>2.) Find a judge to sign the bond </li></ul><ul><ul><li>If already assigned to a court, it is customary to approach that judge first </li></ul></ul>
  19. 20. 3.) The judge may ask the attorney to determine if the person will come to court as ordered and to ensure that the community will not be endangered by the person’s release Steps for Getting a Personal Bond
  20. 21. <ul><li>4.) The judge may also require conditions of bond: </li></ul><ul><ul><li>Mandatory, county administered alcohol and drug counseling </li></ul></ul><ul><ul><li>GPS or electronic monitoring devices </li></ul></ul><ul><ul><li>Supervision </li></ul></ul><ul><ul><li>Ignition interlock device on a vehicle </li></ul></ul><ul><ul><li>Emergency Protective Orders/ No contact of witness(es) </li></ul></ul>Steps for Getting a Personal Bond
  21. 22. Article 17.03 <ul><li>There are some crimes where the personal bond HAS to be signed by presiding judge of the court where case is assigned </li></ul>
  22. 23. <ul><li>Persons accused of certain felonies, while still eligible for personal bond, must have that personal bond signed by the judge presiding over the court to which that case has been assigned: </li></ul><ul><ul><li>Capital murder, Aggravated kidnapping, Robbery, Sexual Assault, and Burglary </li></ul></ul><ul><ul><li>Continuous sexual abuse of young child or children </li></ul></ul><ul><ul><li>Injury to a child, elderly individual, or disabled individual </li></ul></ul><ul><ul><li>Engaging in organized criminal activity </li></ul></ul><ul><ul><li>Deadly assault on law enforcement or corrections officer, member or employee of board of pardons or paroles, or court participant </li></ul></ul>Article 17.03
  23. 24. Surety Bond <ul><li>A bond handled by a bail bond company </li></ul><ul><li>Typically company will charge 10% of bail amount </li></ul><ul><li>In doing so, the bond company promises to pay the county the entire bail amount if the arrested person does not appear </li></ul><ul><li>These companies could be on hook for thousands of dollars if someone skips town. </li></ul><ul><li>Therefore, bondsmen usually require collateral and can and will hunt down and assume the property of clients that shirk their responsibilities to the court. </li></ul>
  24. 25. Cash Deposit Bond <ul><li>A type of personal bond </li></ul><ul><li>A judge that does not wish to release the accused solely on his promise to return to court can require a deposit of a percentage of the bail (often 10%) </li></ul><ul><li>This money is returned after the case is disposed of, whether the person is found guilty or the case is dismissed. </li></ul>
  25. 26. Even Celebrities Often Don’t Get Personal Bonds “ The arresting officer described finding a &quot;nude, white male dancing and playing bongo drums,&quot; later identified as Matthew McConaughey” “ McConaughey Posted $1,000 for bail and was released.”
  26. 27. Produced and Narrated by Charles F. “Charlie” Baird, JD Created by Nicholas Miller, JD The Fowler Law Firm, PC This copyrighted product has been produced, created, and edited by The Fowler Law Firm, PC. Federal Law provides severe civil and criminal penalties for the unauthorized reproduction or exhibition. Edited in The Fowler Law Firm 919 Congress Avenue, Suite 900 Austin, TX 78701 Tel: (512) 441-1411 Fax: (512) 441-1410 www.thefowlerlawfirm.com Winner of the 2010 State Bar of Texas W. Frank Newton Professional Excellence in Pro Bono Legal Services