Life is not always a bed of roses, but landing behind the bars is definitely not everyone’s list. Bad luck comes at unexpected hours; that is why it is better to be prepared for unforeseeable circumstances. If you find your friends or relative arrested for a crime and taken to custody, you need to figure a way out to arrange bail for them. Bailing them out would help them analyze the whole situation better and be prepared for the trial. Continue reading this article to find out how you can prevent wrongful police arrest and learn more about the process of Bail bonds.
The Rights to Information: The Supreme Court of California has developed a two-tier standard for ensuring the legality of a detention. The prosecution must establish “probable cause” to justify a full custodial arrest, and it must additionally show “reasonable suspicion”. An arrest is wrongful if there is a lack of probable cause.
- An arrested adult has the right to 3 minimum completed phone calls within three hours of being arrested. No later than 1 hour after being taken into custody, a juvenile should be permitted a minimum of 2 phone calls. An officer depriving a defender of the right to make a phone call is guilty of a misdemeanor and is civilly liable under section 1983.
- Once a person is arrested, they must be granted an Initial Appearance before a Magistrate Judge, as soon as possible, safeguarding the accused from possible custodial torture and mistreatment. Failure to produce the detainee before a magistrate during this stipulated period makes the detention wrongful.
- Moreover, a Detention Hearing must be held within three working days. The accused also has the right to a Preliminary Hearing within 10 days of the arrest to establish probable cause or lack thereof. If the Magistrate Judge overseeing the hearing finds sufficient probable cause, there will be further proceedings by a Grand Jury.
Ensuring a Speedy Release: If the evidence presented establishes probable cause, the Grand Jury issues an Indictment. The United States of America may take lessons from Spain and Brazil, for they have legal aid systems to address the alarmingly high incarceration rate.
- Once the clerk’s office has received the bail payment from a bail bonds agency, the corrections officer releases the defendant from jail. A fast and affordable bail bonds agency in Rancho Cucamonga ensures a safe exit from the prison system.
- The justice system needs to prioritize innovative alternative dispute resolution tools to reduce unnecessary pendency, especially for the cases of misdemeanors.
Expeditious investigation and trials of criminal cases require a huge transformation of the existing criminal justice administration. Only then can the rusty criminal justice system be “re-engineered” to meet the needs of a growing population. Getting out of jail is crucial for hiring the right attorney to represent you in the courtroom. If you want your loved ones to have a fair hearing, make sure they have the opportunity to get out of the prison while they wait for the trial to take place.
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