How Do I Get Out of Jail after an Arrest in Florida?

After an arrest, you will be placed in custody, initially in a holding cell at the police station, and later transferred to another facility. After your arrest, you must be arraigned, which is when formal charges are filed against you. At the arraignment, the issue of bail may also be addressed. For some crimes, there is a special hearing to set bail. It is not advised that you appear at your arraignment or a bail hearing, or any court appearance without a lawyer, as the bail amount set by the judge could be too high for you to afford.

Your lawyer can submit information about you, your character and why you could be released on your own recognizance – with no bail amount due. If bail is required, you want it to be as low as possible so you can afford it and return to your home and family. The only way to get out of jail in these cases is to post bail. There are bail bondsmen that are in the business of providing the amount of bail you need, and expect about 10% of the amount to be paid to them to provide this service.

Under the Constitution, bail cannot be excessive, or to punish you for the crime it is alleged you committed. Bail amounts vary, and a good lawyer can usually negotiate it down to a reasonable amount, and can also connect you with a bail bond service so you can get out as quickly as possible.

Contact Jonathan Blecher, P.A. in Miami for more information about getting out of jail after an arrest.

How Can I Find Out if There Is a Warrant for My Arrest?

Are you worried that there is a warrant for your arrest? If there is, you are at great risk, as you can be picked up anywhere, anytime, and taken into custody. To find out if there is an outstanding arrest warrant, you can search the Miami-Dade police website.

Not everything is listed on this site. Most people worried about arrest warrants get help from an attorney who will find out if there is a warrant, and if so, take action to get it resolved before an arrest is made. A warrant could be issued for unpaid fines and tickets, a failure to appear in court when ordered, and probation violations, as well as for misdemeanor or felony crimes.

There can be some trouble finding a warrant that actually exists, as there are many ways there could be an error in spelling a name, and all data entered in a computer is done by human hands. You could search the site and believe there is no warrant, only to be picked up later. It isn't worth taking a chance.

If you are concerned and believe there could be a warrant for your arrest, you know there is some kind of situation that needs to be resolved. Make the choice to contact a lawyer to find out for you, and to take any defense action that could assist you to avoid an arrest and charge for a criminal offense. Early intervention by a lawyer could be what saves you from a very unpleasant and dangerous legal situation.

Click here to get help from a Miami lawyer from Jonathan Blecher, P.A.

Why DUI Videos Are Crucially Important

Police dashcam videos show how important the use of video technology can be when defending a DUI case. In the case of one such video, three police officers involved from Oklahoma were suspended for lying in police reports about the DUI arrest.

In Miami-Dade County, Florida police agencies across the board discontinued the use of dash-mounted cameras and in-station cameras nearly two decades ago. The public explanation was that the videotaping equipment was too costly to use and maintain. The Miami Chapter of the Florida Association of Criminal Defense Lawyers offered to pay for the maintenance and supplies for the VCRs. That offer was declined.

In fact, the real reason for the change in evidence gathering policy was that police and prosecutors were losing cases hand over fist as video evidence was inconsistent with police officer's testimony. Defendants were performing well on physical sobriety tests, incriminating statements attributed to the Defendants were not actually made and impaired driving patterns were not to be found.

Technology in 2013 has put us so far ahead of the cumbersome equipment used in the past. Every officer has, at a minimum, a smart phone capable of recording video on the scene. There are even body-mounted cameras are available to police agencies for as little as $199.00. A simple and inexpensive camera is also a bonus for officer safety and a built-in defense to accusations of police misconduct.

For over 30 years and over 3,000 cases defended, I have been representing otherwise good people who have been arrested for DUI and other serious crimes. Call my firm to find out more about how I can help you.

How Long Does It Take To Get Someone Out Of Jail In Florida?

The length of time it will take to be released from jail after an arrest will vary, based upon the type of criminal charge. Some crimes will require that bail is posted, which makes the process longer, particularly if a bail hearing is necessary. In other cases, a person may be released on his or her own recognizance, and the time spent in custody will be shorter.

Overview of the Criminal Process

The process starts with an arrest. You are then taken to the police station, booked and then placed in a holding cell. After the booking process is complete (which often takes hours), you be allowed to make a phone call. It is suggested that you get in touch with defense lawyer who can manage all the details, including finding you a bail bondsman so you can get out of jail and return home, if bail is required in your case. For more serious crimes, you could be transferred to a county jail.

It could take many hours to be released, even in the simplest cases. For example, if you are charged with DUI, and were arrested at night, you probably will not be released until the morning, and after appearing in court and being formally charged. The criminal justice system doesn't move quickly, and you have to be patient, as you may be in custody for a period of time before your release. You would be smart to get in touch with an attorney so you can get out of jail as quickly as is possible, based upon the facts in your case, and what bail amount the judge demands in your case. If too high to afford, your attorney can negotiate it lower in many cases.

Contact Jonathan Blecher, P.A. for more information about how to get out of jail in Florida.

Do The Police Need A Warrant To Arrest Me In Florida?

The police do not necessarily need a warrant to place you under arrest. If a police officer believes (or claims to believe) that there is probable cause that a crime is being committed, or has been committed, and that you are the suspect, you can be placed under arrest.

In a DUI arrest, the police believe, or claim to believe, that you were operating your vehicle in a manner that raised a reasonable suspicion that you were intoxicated.

The driving conduct could be:

·        speeding

·        wide turns

·        wrong way driving

·        other obvious failure to operate a vehicle safely

If you were pulled over due to a broken taillight or other similar violation, and when questioned, the police had a reasonable suspicion to believe you were driving drunk, you could be arrested. In most cases, you will be asked to perform field sobriety exercises prior to your arrest. Why? To establish a more solid basis for probable cause to arrest.

Probable cause reports are creative writing essays, with police claiming that a driver was "swerving within the lane," or had "bloodshot eyes" or "slurred speech." It is not illegal to swerve within your lane, if it doesn't endanger other drivers.

You may have had bloodshot eyes, but there are many reasons why a person may be having a reaction that causes red eyes, including hay fever and other allergies, crying or irritation or contact lenses. Older people get dry-eye syndrome. Slurred speech is another problem as there are as many ways of speaking as there are individuals, particularly in communities of diverse cultural backgrounds.

If you were arrested after being stopped by police, it may be that you are a victim of a rights violation. If so, the evidence obtained after an illegal stop may not be admitted in court, such as blood or breath testing evidence. Call my firm for more information about illegal police stops and arrests.