Citizen’s Arrest Explained

You have probably heard the term citizen’s arrest before, and although it sounds pretty self-explanatory, the verbiage can produce a foggy understanding. What a citizen’s arrest does not do is grant the power of a peace officer to a civilian. For example, a citizen making an arrest cannot search or interrogate the perpetrator. Let’s take a look at what a citizen’s arrest entails and the legal restrictions of the process in Texas.

What Is a Citizen’s Arrest?

In plain terms, a citizen’s arrest is the temporary detainment of a person who has committed a crime in the presence of the citizen who is making the arrest. The only purpose of the citizen making the arrest is to temporarily detain the perpetrator until police arrive. This often involves the use of some force such as tackling and subduing the offender.

Is a Citizen’s Arrest Legal?

The short answer is yes, citizen’s arrests are legal. However, there are certain guidelines that one must follow in attempting to carry one out. Texas Penal Code 14.01 (a) states that any person may, without a warrant, arrest an offender when the offense is committed in his presence or within his view, if the offense is one classed as a felony or as an offense against the public peace. 

Therefore, as long as you are around when the crime took place and the crime was serious enough, you can make a citizen’s arrest. Because of this, misdemeanors such as some traffic violations and disorderly conduct would not constitute as serious enough for a citizen’s arrest. This also means that if you were to hear about a crime from another source and attempt to make a citizen’s arrest, you would be outside of your rights to do so. 

Citizen’s Arrest Procedure

If you have witnessed a serious crime and believe that making a citizen’s arrest is necessary, you should follow these guidelines.The first thing you should do is determine if you can make the arrest in a safe way. Once you decide that it is safe to make the arrest, inform the offender that you are making a citizen’s arrest. Next, detain the offender and wait for police to arrive. It is imperative that you only make a citizen’s arrest when absolutely necessary as you are putting yourself in harm’s way. Remember that this is a police matter and they are better equipped to handle the situation than you are. If you make a citizen’s arrest, you should also be aware that legal consequences may follow so be sure that you are doing it for the right reasons. A false citizen’s arrest can lead to more harm than good. 

Know Your Rights With Delta Bail Bonds

It’s important to know your rights. Whether you are making a citizen’s arrest or you have just had your arraignment, having a plan is always the best thing you can do. Whatever your situation, Delta Bail Bonds can get you or your family out of jail and back home to await trial. Contact us if you are in the Dallas or McKinney area and we can bail you out fast!

How Does Being a Flight Risk Affect Bail?

You may have heard the term “flight risk” if you’ve watched any amount of law-and-order or courtroom movies. While the term comes up frequently, you may be wondering exactly what it means and how that designation is determined.

What Is a Flight Risk?

Flight risk is a designation given to someone who is considered likely to flee the city/state/country to avoid criminal prosecution. The term is usually assigned by a court after an individual has been accused of a crime.

How Is Flight Risk Determined?

A judge will make the decision of whether or not the individual on trial is a flight risk by weighing several factors. One of the factors that judges look for are family or community ties in the area. If a person has responsibilities such as caring for a family or managing a church group, they are less likely to be considered flight risks. On a similar note, if a person can prove that they are employed in the area, the court will view them as unlikely to abandon their job. 

A determining factor that people may be unaware of is how wealthy the person on trial is. The more financially successful a person is, the higher the chance that they will be considered a flight risk. With more money comes more opportunities to leave the area, making the possibility of skipping out on court more likely. One of the most important factors that a judge will look at in determining your flight risk is your record of attendance at court or past flight. Obviously, if you have a history of fleeing or failure to appear in court, the possibility of you receiving the flight risk designation will increase.

Flight Risk and Bail

One of the most important factors in determining the amount of bail or whether it will even be granted is if a person is considered a flight risk. If someone receives this designation, it is likely that they will see a much higher bail amount. Obviously, the court wants to keep this person around for a trial, so sometimes bail will be denied to ensure that they stay in the area. Previously stated, if you have a history of fleeing or failing to show up to court, you will probably be held on a short leash if you are ever arrested again. This is why it is so imperative to get appropriate legal counsel, show up to your court hearings, and follow all guidelines given to you by a court. A past instance of flight can tarnish your reputation with courts around the country and can cost you a significant amount of money in the long run. This is because, on the slim chance that you are granted bail, you will have to pay much higher due to your likelihood to flee.

 Let Delta Bail Bonds Get You Back Home

Don’t await your trial from prison. Because of the presumption of innocence, you have the right to await trial from your own home, where you can provide for yourself and your family. Contact us here so we can help you post bail and get back home!

3 True Crime Podcasts To Check Out

If you’re a fan of true crime podcasts, you might have been keeping up with the case of Adnan Sayed, whose case was featured on the first season of the podcast Serial. His case was recently revisited, ultimately leading to Sayed having his conviction vacated. Since then, true crime podcasts have surged in popularity and have become one of the most popular topics for podcasts to focus on. If you’re a true crime junkie and are looking to expand that interest into a podcast, Delta Bail Bonds has you covered! Keep reading to discover some of our favorite true crime podcasts.

Serial

Serial was one of the first true crime podcasts to gain widespread popularity, and its success lead to the case that its first season spotlighted- Adnan Sayed- received more legal attention than it had seen in decades. If you enjoyed Hulu’s show Only Murders In The Building, you will love Serial, as many of the core elements of the fictional show, which centers around true crime podcasts itself, seem to have been inspired by this podcast. Serial focuses on a new case each season and discusses specific aspects of the story episodically. The host, Sarah Koenig, explains the case to the audience as she investigates it, giving the podcast a very narrative feel rather than conversationalist. This podcast is great for listeners who like to completely dive into a story and devote time to all the details involved.

My Favorite Murder

For those of you looking for a podcast with more of a comedic and social aspect, My Favorite Murder is one you should check out. Hosted by Karen Kilgariff and Georgia Hardstark, each episode is devoted to a new story that the hosts find interesting, with a healthy dose of comedy thrown in. Some cases they discuss are submitted by their listeners, so the audience is very much engaged in the podcast’s topics and content. Like Serial, his podcast has also developed a loyal fanbase and risen in popularity over the last couple of years- the hosts were recently touring recently, and they have also released a book that doubles as a memoir as well as a further look into the world of true crime. 

Morbid: A True Crime Podcast

Aunt-niece duo Alaina Kelly and Ash Urquhart started this podcast to discuss dark and creepy topics, often surrounding their local area around Boston. Their familiarity with the Bay Area gives them a unique perspective on each of their scary stories, and the entire podcast has a casual familial feel to it because of the familiarity between the hosts. The lighthearted approach the girls take to the scary stories each episode focuses on is what gives Morbid its signature, well, morbid vibe. If you’re looking for something that feels like simply having a creepy conversation with likeminded friends, Morbid is the podcast for you.

Call Delta Bail Bonds Today

True crime is all fun and games until you get caught up in it yourself. If you’ve been arrested for any reason, Delta Bail Bonds is here to make the bail process simple and easy so you can start preparing for your hearing. Call us today for our help with a quick release.

Can you bail yourself out of jail?

Bailing yourself out of jail may seem like a faster way to regain your freedom. But it’s also a decision that can come with an array of caveats, as you’re about to see. Considering that most bail amounts in our area run from $500 on the low end to $10,000 on the high, that’s a pretty large chunk of change to be carrying with you! Most people don’t have that kind of money on them in cash, so bailing yourself out of jail may not be possible. However, if you are fortunate enough to have the cash, then yes, you can bail yourself out. Let’s take a look at your options to determine which route will work best for you.

What Happens When You Get Arrested?

Getting arrested happens once a law enforcement officer has determined you’re at fault for a crime worthy of arrest. This can range from less serious offenses (public intoxication) to crimes of a grievous nature (battery, rape, murder). Once you’re taken into custody by the officer, they’ll take you to the city or county jail. Here, you’ll have your picture and fingerprints taken and be booked into custody.

Once you’re in a jail cell, the bail process can begin. This consists of the following:

  • You learn when your arraignment will be (usually within 48 hours)
  • A bail amount is set by a judge at the arraignment
  • You get the option of paying the bail amount in full or contacting a family member or bondsman to help cover the cost

How Do You Bail Yourself Out of Jail?

At the arraignment, the judge will determine if you qualify for bail. There are many factors the influence their decision, such as:

  • Your flight risk
  • Past criminal record
  • Severity of the crime

The judge will tell you the bail amount at the arraignment if you qualify. You’ll need to pay the full amount upfront and in cash in order to get released from jail until your trial. The more serious the crime is, the higher your bail amount will be. 

If you have the amount on you or can scrounge it up, then you’re free to go. However, if the amount is too high or you can’t afford it, then you’ll need to stay in jail and seek outside help from a family member or a bondsman.

The Pros and Cons of Paying for Your Own Bail

Should you bail yourself out of jail? This is a tough question with no easy answer. If you’re innocent of the charges against you, then it might make sense to try and get out so you can better prepare your defense. If you’re guilty or think you might be convicted, then it might be better to stay in jail and receive a reduced sentence.

Also, there’s the issue of accessibility. Most people aren’t going to have an extra $500-$1,000 in cash handy to spring for the bail right there on the spot. You’re almost certainly going to need to involve a friend or family member in getting you access to the funds.

When it comes to paying for your own bail, it can expedite the time to getting your release. But what you have to consider is that not showing up for your next court date, even if it’s for reasons beyond your control, will result in you losing all of that money. Not to mention, you are allocating a lot of your financial resources to your bail, instead of using it to hire a great lawyer.

When you use a bondsman, they can get you released within a couple of hours too. You won’t need to use all of your money to pay for bail. Instead, you only need to pay a small percentage of the bail amount to secure a bond. You can then use the rest of your money for your defense team or other life necessities.

Hiring a Bondsman

If you can’t afford to bail yourself out of jail, then you’ll need to seek outside help. Don’t bother your family with a loan if you don’t have to. A bail bondsman is affordable and an excellent option for bailing yourself out of jail fast.  

Bail bondsmen are professionals who can help you post bail and get you out of jail quickly. The fee that you’ll pay is minimal (generally, around 10-15% of the total bail amount). From there, the bondsman will post the bail for you in exchange for the fee and the promise that you will appear at court for the next scheduled time. As long as you follow the bail rules, everything will go smoothly.

The right bail bondsmen are located close to the detention centers they serve, have a working knowledge of the courts’ system, and are in good standing so you can rest easy that your money will not be misused and your trust will be kept. Bondsmen are usually great people to start with regarding your defense as well, as many have relationships or knowledge of the quality attorneys who specialize in the types of defense that you’re going to need.

Contact Delta Bail Bonds Today 

Being arrested is scary, but it’s much easier to navigate with an advocate on your side. At Delta Bail Bonds, we’ve been that way for individuals in your situation for many years. No judgment, just support. That’s what we can grant you. Contact us today to learn more or to get the process started.

 

Life Moves to Make While You Are Out On Bail

Getting out on bail offers temporary relief from what can be a long and depleting process. However, making the right moves once you’re released will get you to your court date and prepare you for life after the judgment or sentencing.

Keeping your cool is vital, especially when you consider that 70% of people who get bail are acquitted, according to the American Bar Association. In this article, we offer five helpful tips for handling your release.

1. Understand the charges against you

You’re out on bail. It’s time to make the best decisions that you can to put your best foot forward. How does understanding the charges against you factor into that?

Being charged with a crime can be a confusing and overwhelming experience. If you are granted bail, it is important to have a clear understanding because it can help you make decisions about how to proceed with your case.

It can also help you understand what evidence the prosecution has against you and what defenses may be available to you. If you are unsure about any aspect of the charges against you, then your post-bail time is the perfect time to speak to an attorney. They can explain the charges and help you understand your rights.

2. Stay calm

Some people facing charges may get a chip on their shoulders against law enforcement. Rightly or wrongly, giving into that bitterness is a bad idea. It simply gives your accusers more ammunition to use against you in a court of law. 

Instead, stay calm and polite to everyone you encounter during your time on bail. This will not only make you a better person, but it can also help keep you out of trouble. If authorities see you as pleasant and cooperative, it could potentially mitigate sentencing or even aid in an acquittal.

3. Cooperate with the bail process

When talking about cooperating with the bail process, what we are really referring to is working with your bail bondsman. This means giving them all of the information that they need to secure your release from jail, including details about your charges, your family, financial situation, and any other endorsements or factors that may be relevant in determining your bail amount.

In many cases, cooperating fully with a bail agent can be crucial for securing your release. That’s because it gives them more insight into who you are and how likely you are to appear at future court dates. Ultimately, by cooperating with the bail process and providing honest information about yourself and your situation, you demonstrate trustworthiness at every level of your case.

4. Get in touch with a criminal defense attorney

When it comes to your defense, a bail agent can be an invaluable resource. A bail agent can help you understand the various options for securing bail and can also provide guidance on choosing a reputable bail bondsman. They are also knowledgeable about local laws and regulations, so they can offer valuable insight into your case and the best course of action for your defense.

Contact a criminal defense attorney as early in the process as you can. An attorney can help you navigate the criminal justice system, answer any legal questions you might have, and represent you during any legal proceedings that may arise from your case.

However, if your bail has already been set, it is important to contact an experienced bail bondsman as soon as possible to begin working on securing your release. You can typically obtain representation from an attorney at any point in this process, but if money is an issue or if there is not enough time before trial to hire an attorney, a bail agent will often serve as an effective advocate for those who cannot afford their own legal representation. At the end of the day, having someone on your side who understands the ins and outs of the criminal justice system will place you at an advantage.

5. Keep up with your work and other obligations

This demonstrates that you’re a responsible person capable of contributing to society. Even if you made a mistake worthy of arrest, you have a track record of meeting your obligations, caring for others, and working for the greater good.

Contact your employer as soon as you can after you’re out on bail. Discuss the situation with them to see if you can earn their cooperation. Whatever the terms are for your release, communicate those clearly and directly. Show up for shifts on time. Demonstrate hard work and exemplary behavior in how you deal with co-workers and customers.

Avoid any new criminal activity while you’re out. If that means changing the company you keep, do it. Last but not least, check in with your bail bondsman or agent regularly. This gives them peace of mind, gets one more person in your corner, and conveys to the court that you’re taking the case seriously.

Patience and positivity are key

When you’re out on bail, time can seem to move too quickly and not fast enough simultaneously. Doing your best to live it one day at a time is essential. Following the tips we’ve presented above will keep you on track.

At Delta Bail Bonds, we pride ourselves on helping individuals and their families successfully navigate this process. From the time you’re out on bail to your court date and beyond, your family. Contact us today if you or a loved one in the Dallas and McKinney areas have been arrested and need an advocate in your corner.

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