advice | Chances Bail Bonds https://chancesbailbonds.com Your #1 Online Virginia Bail Resource Tue, 09 Jul 2019 21:00:40 +0000 en hourly 1 https://wordpress.org/?v=4.9.8 https://chancesbailbonds.com/wp-content/uploads/cropped-main-qimg-b04c0327e7dd7b61a0f386a69e2caf67-c-32x32.jpg advice | Chances Bail Bonds https://chancesbailbonds.com 32 32 How Should I Conduct Myself If I’m Arrested? https://chancesbailbonds.com/conduct-im-arrested/ https://chancesbailbonds.com/conduct-im-arrested/#respond Sun, 25 Feb 2018 03:08:46 +0000 http://chancesbailbonds.com/?p=2971 There is no person that actually plans or wishes to be arrested, but having knowledge about how to conduct yourself should you be arrested can make the world of difference between gracefully making it through a rough situation or quite literally exasperating the situation by kicking and screaming your way through it. Rest assured, however, that […]

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There is no person that actually plans or wishes to be arrested, but having knowledge about how to conduct yourself should you be arrested can make the world of difference between gracefully making it through a rough situation or quite literally exasperating the situation by kicking and screaming your way through it. Rest assured, however, that there are certain actions taken during the course of an arrest which may increase the charges with which the person was originally arrested for. Chances Bail Bonds, who are located throughout Virginia, and serve the surrounding Maryland and D.C areas, has extensive knowledge in how to conduct yourself should you be arrested.

How To Conduct Yourself If You Are Arrested; Chances Bail Bonds

How To Conduct Yourself If You Are Arrested; Chances Bail Bonds

 

Every citizen has rights that should be exercised when they are arrested, the right to know the reason for the arrest, the right to remain silent, the right to be searched in a reasonable manner and the right to a lawyer.

What is the best way to conduct yourself during an arrest?

Violence would only lead to an accumulation of charges on the part of the arrested, and while the person being arrested has the right to remain silent, however, when placed in a stressful and unexpected situation of being arrested makes people instinctually try to talk their way out of the nightmare they find themselves in. Try to think clearly, and keep silent until you have collected yourself enough to decide if an when you should speak. Keep in mind that the arresting officer would not be placing you under arrest if they did not have probable cause. Arguing and pleading your case will only fall on deaf ears, and could further implicate you in the long run. The best thing you could do is keep calm and adhere to whatever instructions given to you by the police. When given the opportunity contact family or friends that are willing to help with setting up bail and find the resources to get counsel from a knowledgeable and trustworthy lawyer.

What NOT To Do

Again it is vitally important to remember that your conduct upon arrest can vastly affect the outcome as far as charges, and future court appearances. If you react in a menacing, violent or resistant manner, not only could you end up getting seriously injured, but you may find yourself with added felony charges of aggravated assault against an officer or resisting arrest.,

Remember that you have the right to a lawyer.

If the alleged offender is being taken into custody, they have the right to contact a lawyer, if you can not afford one, the court will appoint one to you. Wait to speak to your lawyer before you speak to any law enforcement. Remain cordial and compliant but clearly state, ” I am waiting to speak with my lawyer.” if asked for a statement. The defendant must be seen by a judge before either being released or given the chance to post bail.

Being prepared and informed of your rights and how to conduct yourself can save a lot of pain and hardship related to an unfortunate arrest. The best course of action is to exercise fully all of your rights.

 

If you find yourself in trouble, or a family member or friend has been arrested in the greater Virginia, Maryland, or D.C area, Chances Bail Bonds are the number one most trusted resource for bail bonds and helpful information regarding the justice system. Contact us today online, or call 877-787-3380.

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5 Ways A Bail Bondsman Can Help Your Community https://chancesbailbonds.com/5-ways-bail-bondsman-can-help-community/ https://chancesbailbonds.com/5-ways-bail-bondsman-can-help-community/#respond Fri, 26 Jan 2018 13:39:12 +0000 http://chancesbailbonds.com/?p=2942 A bail bondsman is a continuation of the criminal justice system, particularly accessible to assist the arrestee, defendant, or inmate by administering the service of posting bail for their release from custody, allowing that it is a right provided by the court. Chances Bail Bonds, who have been serving the greater Virginia, Maryland, and D.C […]

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A bail bondsman is a continuation of the criminal justice system, particularly accessible to assist the arrestee, defendant, or inmate by administering the service of posting bail for their release from custody, allowing that it is a right provided by the court. Chances Bail Bonds, who have been serving the greater Virginia, Maryland, and D.C areas, with bail bond offices throughout Virginia from Fairfax to Lynchburg, explain 5 ways an experienced bail bondsman can help not only the defendant but also the community. should you find yourself in need of bail assistance.

 

If you are like the majority of people your only experience with a bail bondsman is what you’ve seen on t.v, which is an extremely exaggerated interpretation of reality. Unfortunately, similar to any type of business, there are individuals who abuse the power they are given the position of a bail bondsman. That is why it best to do your research and choose a bail bondsman whom you can trust to not only provide you with assistance but who present themselves in an honest and knowledgeable way.

The organization of bail and bail bonds may seem as though it is a restricted business between a bail bondsman, the court system, and the defendants. However, the bail bond business actually has larger effects on the local and state economy than many are aware of, and most of which are actually positive. If you have ever wondered what the bail bond system does for you, here are ways that it fuels positive community growth that we can all enjoy.

1) A bail bondsman provides an affordable service to the community.

By assisting in the defendant in posting bail, it allows the defendant to get the chance to spend quality time with loved ones and friends while at the same time preparing their defense with an attorney, Chances Bail Bonds has a list of referrals for attorneys in the greater Virginia, Maryland, and DC areas, that can help build a great defense case. A much more productive situation for all concerned than sitting in jail awaiting court.

2) They add more jobs to the community.

With the topic of unemployment strongly debated, most discussions focus on how to create more jobs for Americans everywhere. And no matter where the conversation veers, most everyone agrees that more employed individuals will lead to a better society overall.

The bail bond industry contributes to this by opening up numerous employment opportunities for Americans of all skill levels that wish to work in the criminal justice system. And as more and more jobs are created in this industry, fewer citizens will face the prospect of not having a job.

3) The exchange of money is positive for the community.

Economists across the world have debated whether or not consumer spending is a driver of economic growth, or simply a consequence. Ultimately though, many economists concur over the fact that money changing hands in an economy is a sign of a strong economy, and should be fostered in every way possible. Because the bail bond system epitomizes this concept entirely (as it is an industry in which money changes hands), the growth of these endeavors are a sure sign of positive growth and should be encouraged, as this then can have a positive effect on us all.

4) Bail bonds add money back into the community.

Have you ever imagined what would happen though, if individuals were forced to pay the full amount, or instead wait in jail until the start of the court proceedings? Countless more men and women would end up staying in jail, which would leech money from taxpayers across the entire country. Because the incarcerated must be fed, clothed, sheltered, and tended to in a humane manner, huge sums of money would be allocated to this endeavor in the prisons, taking it away from other, more pressing projects. With the existence of the bail bond system, this capital is freed up, allowing it to be spent on civic projects, such as better education systems, sturdier roads, and anything else the taxpayers want.

5) Bail bonds are good for the community.

Yes, bail bonds are an easy way for you to assure the release of a family member or a loved one, but also they help aide a growing economy for everyone. If you know someone that is in need of assistance from a knowledgeable, an experienced and trustworthy bail bondsman in the greater Virginia, Maryland, and D.C areas, contact Chances Bail Bonds today to start the process immediately.

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New York Times article https://chancesbailbonds.com/new-york-times-article/ https://chancesbailbonds.com/new-york-times-article/#comments Mon, 13 Jul 2015 14:07:40 +0000 http://chancesbailbonds.com/?p=1243 New York Times article Bail bonds can be expensive. We charge 10%, that’s the lowest allowable fee, by law. Still, that 10% can be more than a normal person can pay. We can take installment payments, but in bad situations, a client may not be able to manage a monthly bill. Our fee is not […]

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New York Times article

Bail bonds can be expensive. We charge 10%, that’s the lowest allowable fee, by law. Still, that 10% can be more than a normal person can pay. We can take installment payments, but in bad situations, a client may not be able to manage a monthly bill. Our fee is not the end of the financial problems that arise from being held in jail and unable to afford bail; it is only the beginning.

Let’s take a look at legal fees for a moment. Some lawyers will charge a set amount for talking to you in the first place. That could be as low as a couple of hundred dollars, or up into thousands. On top of that, they charge hourly fees for their time, and their paralegal’s work, too.

When a suspect can’t afford the initial amount the court set for bail, their lawyer can file a bail motion later in the pre-trial process, and formally request that the bail bond cost be lowered for extenuating circumstances. The motion may not be successful, or the new amount may still be out of the individual’s reach.

Crafting a bond motion takes the lawyer’s time. His time always equals money. Suppose he charges $250 an hour for his time, and it takes him two hours to build the case for the motion. He hands his notes to his paralegal, and it takes her an hour to type up the material. For the sake of argument, the lawyer’s office charges $100 for a paralegal’s time. That’s $600, but it doesn’t end there.

(Did you know they might also charge their hourly fee for phone calls and emails?)

The lawyer takes the bond motion before the judge. How long does that take? Another hour or two? Add another $250 to $500 to that original $600. Already, extra money has been added to the individual’s bill, beyond the initial consultation fee.

Dollar signs mount, and the money missing from family funds starts to be felt in a big way.

When someone is living from paycheck to paycheck, or is the only member of the household who has a job, his or her family suffers the instant they can’t work. There may not be any savings to rely on, and that most recent paycheck disappears very quickly, because people need food on the table. Worse than that, an employer (depending on company rules, or local laws) can fire someone for absence from work, while that individual is being held in jail…unable to afford bail in order to be at work in the first place.

Like the NYT article says:

“Bail conditions are not supposed to be punitive. They are supposed to impose as little restriction as is needed to reasonably ensure that a defendant appears in court.” That is the spirit of the legal system,  but local laws may specify the bail amounts for certain crimes. Those bail conditions could be punitive, depending on the financial situation of the suspect, and the amount of money involved.

The legal world is debating situations where this is the case. We don’t know where the decisions will fall in this discussion, but we hope for an outcome that doesn’t penalize an offender. Fixing the problem might require an overhaul of the legal system as we know it, and that could take a very long time. What we do know is that people should make their voices heard.

Speak to your local government representatives and let them know how punitive bail conditions make you feel. Tell them you believe this hurts innocent family members, and increases the likelihood of more problems in your community. Enough people voicing their opinions can make it clear to elected officials that something needs to be done.

We may never be able to sufficiently impact what lawyers charge for their services, but we can choose legal representation that is more affordable when we have the opportunity. The choice of a lawyer, and the choice of a bail bondsman, who can work with you in your financial situation are vital to the due process of law that you are guaranteed.

Make good choices, and make them informed, with your eyes open.

 

I just found another excellent source for information about bond motions. Check it out!

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Customer Focus Versus Bottom Line https://chancesbailbonds.com/customer_focus/ https://chancesbailbonds.com/customer_focus/#comments Wed, 24 Jun 2015 14:40:21 +0000 http://chancesbailbonds.com/?p=1122 Customer Focus Versus Bottom Line In the bail bonds business, we see two major philosophies at play. Some companies are intensely focused on the bottom line; when the day is done, they want their wallets full. Others are what we call “customer focused;” the bottom line is less important than offering services to people who […]

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Chances Bail Bonds Customer Focus

Customer Focus Versus Bottom Line

In the bail bonds business, we see two major philosophies at play. Some companies are intensely focused on the bottom line; when the day is done, they want their wallets full. Others are what we call “customer focused;” the bottom line is less important than offering services to people who need them.

Both of these systems are valid, make no mistake.Our purpose in this blog post is to examine why a business would choose customer focus over immediate financial gain.

First, when customers come first, you are able to form an emotional bond with him or her. That is not a form of manipulation, although some might use it that way. A connection makes people feel more at ease, and enriches communication.

In bail bonding, easing apprehension is a kindness. When we encounter a potential customer, they are in one of the most stress-filled situations they can experience. Many people do not deal with tense situations well, as I’m sure you’ve noticed. Allowing them a moment to breathe helps them make better decisions about moving forward.

A calmer client benefits everyone, including their legal representation and family members.

Here’s are hidden benefits for the business owner, to. You feel better about yourself, your stressful day improves, and so does your productivity.

Take a look at this article on Forbes, it is a great example: http://www.forbes.com/sites/sundaysteinkirchner/2012/08/22/5-ways-to-improve-your-customer-service/ It is easy to see how these five things do as much for you as they do for customers.

Second, making the customer first is one of the best methods of relationship-building there is. I’ll admit, this is awkward to discuss when it comes to bail bonds, because we hope we don’t see a client a second time. Yet, people choose to engage in criminal activity even after going through the legal system once. When the time comes, if it is a choice between a bail agent they don’t know, and one they do, they’re much more likely to work with someone they know. This is equally true in other service businesses.

Perhaps, even more important than return customers is how likely they are to speak about their experience with you in a positive manner. Even in the world of social media review websites like Yelp!, word of mouth is absolutely central to growing your business. People talk, and a friend’s good experience with a company means a lot.

Don’t think I’m downplaying social media:it is vitally important to growing your business. I often wonder if people see it for what it is: a simple human behavior mapped onto new technology, with enormous reach. People desire connection with other people. We want, and need, friends. It is simple as that.

Social review sites offer a form of connection at a distance. It works a little like this: a reviewer has a need or an interest I share, and reviewed where they went, so I might be able to rely on what they say. If there are more reviewers who say the same things, that enhances the value of the ratings. In short, it increases the likelihood that I will reach out to the business.

Here’s a secret: this is still word of mouth, using new communication methods.

Third, customer first philosophy also extends to how you work with associated businesses. In my case, the associates are often lawyers. It creates a bond between us, just like it does with people who are in need of bail bonds.

When I know I can rely on a lawyer, or a law firm, I am more likely to recommend them, and vice versa.

Positive interactions lighten our emotional load, too. I’ll be honest, many of the lawyers I know operate under great stress. They are incredibly motivated to assist the client and help them navigate the criminal law system. This is not an easy thing to do in any way, shape, or form.

Success follows customer focused business, but the payoff is in the long haul. Keeping your eyes on relationships, building them, and communicating well, will allow you to grow. Growth equals the potential for higher income, but not at the cost of the customers, or your core values.

Bottom line focus pays off at the expense of building relationships…unless you focus your relationship building on associated companies that work the same way. This makes the customer a number, a number with a dollar sign in front of it. People do not like to feel like a number when their emotions are running high.

We choose the other path because it serves everyone well and allows us to work towards our larger goal of serving the whole community.

When you’re a businessman, consider these questions. What is your greater goal, and how will you reach it? What matters to you?

We know what matters to us, and make that choice with our eyes open everyday.

 

 

 

 

 

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Fight the Cycle https://chancesbailbonds.com/fight-the-cycle/ https://chancesbailbonds.com/fight-the-cycle/#respond Wed, 03 Jun 2015 14:20:00 +0000 http://chancesbailbonds.com/?p=1057               Fight the Cycle   People talk about cycles when someone lands in the criminal justice system more than once. Something in that individual’s life is out of balance; they make the same choices, and then get the same results.   I have seen so many people stuck in repeating […]

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Chances Bail Bonds Boxing

 

 

 

 

 

 

 

Fight the Cycle

 

People talk about cycles when someone lands in the criminal justice system more than once. Something in that individual’s life is out of balance; they make the same choices, and then get the same results.

 

I have seen so many people stuck in repeating behaviors. They’re angry, lost, alone, and hurting in ways that not many people can even understand. In that place inside their minds, they can’t see a way out, even if it is the thing they want most in the world.

 

Making a choice to do something different, in the middle of a personal or family crisis is incredibly hard.

 

Let me give you an example of how a cycle, or a pattern starts: financial need.

 

What do you need money for? Food. Rent. Clothes. Gas. Supporting your family. Those are simple, and direct, uses for money. When someone is pushed to the point that their ability to feed to feed their family is in danger, doing anything to get cash seems reasonable.

 

What that is, speaking simply, is fear. Unresolved fear leads to despair. Despair leads to making extreme choices.

 

I’m sad to say, getting and keeping jobs is hard. Losing work, and not having savings to fall back on…maybe not even having a family you can ask for help…can be like taking a bath in pure terror. Imagine how horrible it would be if you can’t get unemployment or some other kind of financial assistance.

 

Despair arrives when money is gone. All it does is get worse when your children are hungry, and you’re about to get kicked out by your landlord.

 

Crime is the dark, seductive, solution to the feelings that are eating at your heart. Money is right there. That man has a wallet. That woman has a purse. That house has jewelry and electronics you can sell. That car can be sold to a chop shop. Prostitution can pay for food. Dealing drugs…well, there’s money there too.

 

Let me clue you in on something true. Stolen money gets spent. When it is gone, you have to dive into crime again.

 

Something else people believe is that crime is easy money. Wrong. When you’re a criminal, your life gains obsessions. You need more money. You need to not get caught. You need to not get killed by a dealer, gang, or homeowner with a gun. You need protection (and so violence comes into play) from other criminals. You need to find new victims.

 

When you watch movies about gangsters living big on their deeds, you have to remember: that’s Hollywood. That’s not reality.

 

So, you commit a burglary, get caught, and you go to jail for a year or two. During that time you’re behind bars, the problem you tried to fix (getting money) doesn’t improve. Your family might be in a WORSE situation with you gone and unable to help. Your wife turns to crime, and maybe your kids do too.

 

Despair spreads and negatives cycles of behavior begin in other hearts.

 

When you’re time is served, you get out, but it is not over. You still need money, and now you have a criminal record. That record means that police and potential employers will look at you differently. That is hard to overcome.

 

Do you know what is worse? Your opinion of yourself changes. All the despair you were fighting against comes back, and it is even harder to knock it down.

 

Crime is still there. It is a seductive option. If you take it, the cycle has you. That’s how it begins, when you’re as low as you can possibly go.

 

Now, maybe you used your time in jail to look deep inside yourself. Maybe you see the cycle waiting for you, eager to chew you up. You can’t change the past, but you see that you can change the future.

 

Taking positive action is the antidote to despair. Why? Doing something is better than doing nothing. Action always leads to something, even if it takes a while. Working on yourself means you are not a victim.

 

Now is the time to get your heart right, and pick a new direction. This is when you can be reborn.

 

To crush the cycle before you are chained to it, you’re going to have to do some things that might hurt your pride.

 

Ask for help and take it. This is your challenge.

 

Make no mistake, help is out there. Talk to your pastor, and tell him that you want to change, but you need work and a place to sleep. He may not be able to put you up himself, but he may know someone who can. Keep asking, and you will find.

 

Take a job that’s “beneath you.”

 

Why? Money. Why? Working is better than despair. Working makes it easier to find another, better, job. Who knows, you might even work your way up and develop a great reference for whatever you do next!

 

Keep the faith.

 

Action will yield results. You are better than despair and crime. Ask God for help if you are a believer. Lay the troubles at His feet, and keep moving.

 

I promise you that if you break the cycle before that second or third time before a judge your life will be different. You will have fought for yourself, your family, and everything you love. You will know your power and understand how strong you really are. You will have received the gifts that only adversity can give you.

 

Regardless of your criminal history, you can decide to change at any moment. Take that chance.

 

Despair spreads, that’s true. Power, confidence, love, and compassion, spread too.

 

What do you want to sow into the world?

 

People think of bail bondsmen as people who want to suck your wallet dry. Unfortunately, there are reasons for that preconceived notion. We want to tell you the things you might not hear from anyone else.

 

We don’t want to see you go to jail a second time.

 

We feel the pain, and we know the cycle.

 

We want you to fight it and not be a slave to crime.

 

We believe in you.

 

You can fight despair and win.

 

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Pre-Trial Release https://chancesbailbonds.com/pre-trial-release/ https://chancesbailbonds.com/pre-trial-release/#comments Tue, 19 May 2015 13:31:18 +0000 http://chancesbailbonds.com/?p=1030 Pre-Trial Release and Bail Bonds   An arrest in Virginia on suspicion of having committed a crime is not a direct trip from the squad car to a detention center. There are situations where someone can be released from jail prior to trial. The most likely forms of pre-trial release are personal recognizance and bail. […]

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Pre-Trial Release and Bail Bonds

 

An arrest in Virginia on suspicion of having committed a crime is not a direct trip from the squad car to a detention center. There are situations where someone can be released from jail prior to trial. The most likely forms of pre-trial release are personal recognizance and bail.

When someone is arrested for a crime in Virginia, they are brought before a Magistrate after being processed into holding. During that meeting, the Magistrate will discuss the nature of the crime, or crimes, that the arrestee is charged with, and set bail or release him on his own recognizance.

Release on personal recognizance may occur if the Magistrate decides that the suspect is of good character, not a danger to himself or others, and has significant ties to the community. This variety of furlough between trials makes the assumption that the accused will not flee, be responsible for appearing at future court dates, and be on his best behavior at all times.

A Magistrate who feels that personal recognizance is too liberal for the suspect, may want to offer pre-trial release with financial motivation to return for upcoming court appearances. This is what is known as “bail.”

Bail is a method of insuring that a suspect will return for court dates. A dollar value is assigned to the crime by the Magistrate—whether by state-determined schedules, or other means—and presented as an alternative to being held in jail. If the accused can offer that sum to the court, he will be released on his own responsibility to appear for further court appearances.

In many cases, regardless of how reasonable the bail amount may be, the accused may not have the liquid assets to cover it. Collateral is then required by the court to cover the full amount of the bail bond.

Forms of collateral include:

  1. Surety Bonds-in this case, the family agrees to pay 10% of the bail cost to a bail bondsman, who will provide the full sum to the court
  2. Property Bond-the guarantors of the bail put up their property as collateral. A lien is placed on that property; if the accused does not appear for trial, the court may order the property to be foreclosed
  3. Home-this is when they offer their home for payment purposes. Normally, the court will require that the property value have 150% equity. The home will be sold to pay the bail.
  4. Land-the client’s land is offered to the court, which sells it in order to cover the cost of bail
  5. Bank accounts-the individual or family turns over all or part of their bank account balance to cover the bail
  6. Car-this works just like houses and land
  7. Jewelry-the party offers their jewelry for appraisal, and it is handed over to the court for sale to secure the bond
  8. Firearms-just like jewelry, if they’re in good condition
  9. Items that can be pawned-this includes anything that has enough monetary value to be offered to a pawnshop
  10. Cash-the guarantor pays the full amount in cash, or when the court will accept it, credit cards or checks

Many people do not realize that bail bonds are not a price paid to be released until trial; it is simply a form of insurance. Bail collateral is held, not spent. If the defendant returns for his trial dates, the bail amount will be refunded to him.

On the other hand, if he decides to run away, the bail funds are forfeit and will not be returned. This means that any form of collateral that is presented, house, land, car, or otherwise, will be sold to cover the bond.

The defendant or his family may choose to acquire the services of a bail bondsman if they would rather not risk their other assets. A bail bondsmen will, for a fee (as little as 10% of the bail amount), pay the court the entire sum required to cover the bond for pre-trial release.

Again, if the defendant chooses to flee rather than appear for court, the bail amount is seized by the court. Unfortunately, when bail has been posted with a bondsman, he is the one who takes the loss. By signing an agreement with the bail bondsman, the defendant and/or his family become responsible for paying back the entire amount of the bail bond to their service provider.

In every case when a defendant flees, there are costly repercussions. Whomever posted the bail loses their property, or finds himself, or herself, in debt to a bondsman. Bail forfeiture will appear on credit records and criminal records. This is a consequence that could linger longer than the defendant’s debt to society, whether it is a jail sentence, probation, community service, fines, or a combination of all four.

The Magistrate, having reviewed both options for releasing the accused before his court appearances, may decide to keep him in custody. While this is often disappointing and very stressful, it isn’t the end of the process. There are other opportunities to be granted bail other than the initial hearing.

An attorney will advise his client when a bail motion may be presented to the judge during a subsequent court appearance. A bail motion is a formal request for the judge to reconsider offering pre-trial release to the defendant. If it is granted, and bail is set, the process of providing the funds to the court begins again.

It is our hope that you will not find yourself or a loved one in any of these situations, but we would like to leave you with a few words of advice. Choose a bail bondsman the same way you would an attorney: experience matters, and trust is vital. Both an attorneys and bondsmen have your best interests at heart; they understand the consequences that you may not see in the heat of the moment and will offer you the best information they can.

 

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Crimes of Violence https://chancesbailbonds.com/crimes-of-violence/ https://chancesbailbonds.com/crimes-of-violence/#respond Tue, 28 Apr 2015 19:31:50 +0000 http://chancesbailbonds.com/?p=1008 We would like to welcome Brent Vincenzes to our guest blog program.  Crimes of Violence: Assault and Malicious Wounding Domestic violence, simple assault, and other serious offenses such as malicious wounding are “crimes of violence,” and present unique a challenge to the accused. It is important for anyone accused of an assault-type charge (misdemeanor or […]

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We would like to welcome Brent Vincenzes to our guest blog program. 

Crimes of Violence: Assault and Malicious Wounding

Domestic violence, simple assault, and other serious offenses such as malicious wounding are “crimes of violence,” and present unique a challenge to the accused.

It is important for anyone accused of an assault-type charge (misdemeanor or felony), to have a support team consisting of a reputable bail bondsman on speed-dial, and an experienced, local criminal attorney. This is due to the fact that both may be necessary to secure:

  1. Release from jail before trial; and,
  2. the best possible legal defense.

The First Battle Post-Arrest

After arrest but before trial, the accused may or may not be released from jail. Often, the defendant’s trial date will be scheduled 2, 3, or sometimes 4 months in the future. Imagine waiting in jail for 4 months, only to be found not guilty.

What makes a violent offense different?

First, it may be more difficult to obtain release on personal recognizance. “Personal Recognizance” is when the defendant is released from jail based upon their signature and promise to appear in court on the trial date.  This is because one of biggest factors the judge will consider is the threat (if any) the individual poses to society.

When accused of a crime of violence (as opposed to drug possession, for example), a judge may be inclined to perceive a higher threat level. For this reason, it is important any accused and arrested individual hires an attorney who has knowledge of local, trusted bail-bond firms. Having a plan in place to present to the judge is important.

Whether or not one will be allowed to post a bond (to get out of jail prior to the scheduled trial date) depends on a variety of factors, including but not limited to:

  • Has the defendant been convicted of any violent crimes in the past?
  • Does the defendant have a job, place to live, and familial support?
  • Has the defendant ever missed a court date (failure to appear conviction)?
  • Does the defendant reside in the Commonwealth of Virginia?
  • Are any factors present to lead a judge to believe the defendant may be a flight risk (someone who would possibly not appear on the court date for trial).
  • Are any factors present to lead a judge to believe the defendant poses a threat to the community?

Crimes involving physical violence are punished severely in Virginia. The extent of the penalty upon conviction depends upon a number of factors:

  • Is the alleged victim a family or household member of the defendant?
  • Did the incident involve use of a weapon?
  • Was the alleged victim injured, and to what extent?
  • Was the accused arrested on a felony warrant, or is the charge a misdemeanor?

Malicious Wounding

Virginia Code 18.2-51 addresses malicious wounding. A defendant may be convicted if the Commonwealth can prove he or she intended to “maim, disfigure, disable, or kill.” It is a very serious offense: a Class 3 felony. In some circumstances, it may be treated as a Class 6 felony.

If accused of malicious wounding, there may be viable defenses an experienced Northern Virginia and Fairfax defense attorney can explain in more detail.  The following information is not legal advice.

Unlawful Wounding vs. Malicious Wounding

The penal laws in the United States, derived from the Common Law concepts of England, almost always include a “mental state” as an element of the offense.

“Malice” is synonymous with malevolence, cruelty, hatred, and spite. “Unlawful Wounding” may be the proper charge if the defendant acted suddenly, without premeditation, and in reaction to a seriously traumatizing event. This is called “heat of passion.” If a husband or wife walks in on a significant other having relations with another person and, as a result, attacks one or both parties, it would potentially be a “heat of passion” unlawful wounding case, rather than the more serious malicious wounding case.

Self Defense, Defense of Others, and Defense of Property

Self Defense

What is legally allowed? Self-defense is only a valid defense if the force used was reasonable and proportional to the aggressor’s attack. It is possible for an aggressor to become a victim, if the original victim goes beyond what is reasonable. In Virginia, a person under attack does not have a duty to retreat.1

Defense of Others

In Virginia, one may use force to defend another person, but there must be a reasonable belief that the person who needs defending was not at fault. It does not matter whether or not the person was actually at fault. The relevant inquiry has to do with the state of mind of the person (subjective viewpoint, rather than an objective one).2

Defense of Property

When it comes to defense of property, the law is different. One may use force to protect property, but he/she may not put a human life in danger nor is use of force that could inflict great bodily harm permissible. Furthermore, Virginia law and case developments stand for the idea that an owner of land has no right to use a deadly weapon on a person who is merely trespassing.3

Lesser Included Offenses

Aggravated Malicious Wounding requires the Commonwealth prove the alleged victim suffered a lasting and substantial physical injury as a result of the crime.

Non-aggravated malicious wounding does not require a showing of permanent injury or magnitude (all that is needed for regular malicious wounding is the intent).

Assault and battery and unlawful wounding are also lesser-included offenses.

Case References

[1] Thornton v. Commonwealth, No. 2579-99-1, 2000 Va. App. LEXIS 794 (Va. Ct. App. Dec. 5, 2000).

[2] Foster v. Commonwealth, 13 Va. App. 380, 412 S.E.2d 198, 1991 Va. App. LEXIS 315 (Va. Ct. App. 1991).

[3] Montgomery v. Commonwealth, 99 Va. 833, 37 S.E. 841, 1901 Va. LEXIS 107 (Va. 1901).

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Virginia Bond Motions https://chancesbailbonds.com/virginia-bond-motions-bail-hearing/ https://chancesbailbonds.com/virginia-bond-motions-bail-hearing/#comments Fri, 17 Apr 2015 15:48:56 +0000 http://chancesbailbonds.com/?p=980 This is the second in our series of guest blog posts. We are pleased to feature James Abrenio of Ben Glass Law, and his article about bail bond motions. 5 Things You Need to Know About Virginia Bond Motions   If you or someone you knows is facing arrest, a natural concern is whether you will […]

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This is the second in our series of guest blog posts. We are pleased to feature James Abrenio of Ben Glass Law, and his article about bail bond motions.

attorney-james-abrenio

5 Things You Need to Know About Virginia Bond Motions

 

If you or someone you knows is facing arrest, a natural concern is whether you will have to stay in jail while you wait for your court date.  Here are five things that the Court will care about in considering to let you out!
1. Your Charge Matters
Why does law enforcement seek your arrest?  As you can imagine, if they are looking for you because of a minor offense (such as trespassing), you’ve got a better chance at getting bond than if you’re wanted for a violent offense or sexual charge.In fact, while the US Constitution presumes you innocent until proven guilty, the Virginia Code maintains a presumption against bond for a whole host of charges.  They include certain violent offenses, charges that carry a possible maximum sentence of life in jail or the death penalty, various drug and firearm charges, as well as numerous sexual offenses.  For a complete list, check out Virginia Code Section 19.2-120.Keep in mind that the presumption against bond can be rebutted. However, if you’re facing a serious offense, being granted bond is by no means a guarantee.What’s more, the actual facts of your charge matters.  Take for example, the charge of assault.  In Virginia, assault can be simply spitting on someone (or even less).  In other instances, it can involve true violence against another.  The Court will certainly consider the nature of the allegations against you, possible defenses, as well as other details of your case. 2.Your Record MattersThis is another factor that’s pretty logical.  Those with cleaner records (or better yet, no record) will be looked upon more favorably by the Court for bond.

The nature of your record also matters.  Let’s use the charge of assault again.  If you’ve been charged with assault, and you’ve got prior assault convictions, you better expect the Commonwealth (the prosecutor) to argue that you have a “violent nature” and that you’re not suitable for bond.

Obviously, each case is different.  But prosecutors are creative and will use your record against you.  They will try to tie in prior convictions as evidence that you are a danger to the community and must either be denied bond or given a high bond to ensure that you will come back to court and not commit further violations of law.

3.Your History with the Court Matters (Have You Missed Court Before?!)

Another factor that Courts consider is whether or not you’ve failed to appear for prior court hearings.  If you’ve failed to show before, the prosecutor will argue that you are a “flight risk,” and cannot be trusted to return.

However, this may be an opportunity for those of you with “complex” criminal records to turn your record into a positive – that is assuming that you’ve not missed court before.  If you’ve had several required appearances, and always show up, my argument to the Court is “Judge, he’s shown that he’s not a flight risk, he has proven his willingness to come back when ordered.”

 4.Where You Live Matters (Location and Network)

What I mean by this is do you have a lot of “local connections” or “ties to the community?”  Are you from Fairfax, been here your whole life, and live right down the street from your mother, three cousins and grandfather?  If so, great.

The reason a good local network is important to the Court is because, first, it tells the Court that you’re sticking around.  Obviously, if you’re from California, it’s less likely that you’re coming back for your court date.   Second, it tells the Court that you have a good social network to keep you in check while waiting for your court date.  If you’re living with your grandmother, for instance, you’re likely going to have a bit more accountability for your actions rather than if your entire family is in Utah and have no idea what’s going on in your life.

Clearly, these are just generalizations the Court uses about people.  But our judicial system is an imperfect one.  To best your odds of bond, it’s better to know the rules of the game and take advantage of them rather than wasting efforts considering if they are fair.    You can write your local Senator once you are out on bond.

5.The Money You Have Available Matters

While this is likely the most “unfair” factor, it is indeed a factor to consider.  For serious charges, the Court (if it grants bond at all) may set a very high bond.  While bail bonding companies are available, you still have to pay a percentage of the bond in order for a bondsman to help you out.  So your finances may take a hit.

If you have no available funds, ask friends or family, and (if possible) have that arranged prior to being arrested.  It’s harder to make that call from jail.

Now, it’s possible that a Court may consider lack of funds in determining what level of bond to set.  But it’s not a consideration you want to depend on, if at all possible.

Conclusion

Now these rules are not science.  Every case is different, every prosecutor is different, every judge is different, and every county is different.  But these factors will certainly be considered.  If you’re facing charges where bond is an issue, you need to hire an attorney (or if you can’t afford one, ask for appointed counsel.)  It will make that attorney’s job so much easier (and in turn increase your likelihood of getting out) if you consider this list and be prepared with information the attorney and Court can use to find why you are absolutely suitable for bond.

Best of luck,

 

James S. Abrenio

Author of What Every Virginia Driver Should Know About DWI Offenses http://www.vamedmal.com/reports/dwi-book-campaign.cfm

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What to do When a Friend is Arrested https://chancesbailbonds.com/friend_is_arrested/ https://chancesbailbonds.com/friend_is_arrested/#comments Tue, 07 Apr 2015 16:35:14 +0000 http://chancesbailbonds.com/?p=869 What to do when a friend is arrested on a criminal charge in Maryland or Virginia We’ll present a few situations where an arrested friend reaches out to you, and what you can do when a problem like this comes up. You get a call from jail asking for help Get the contact information from […]

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What to do when a friend is arrested on a criminal charge in Maryland or Virginia

We’ll present a few situations where an arrested friend reaches out to you, and what you can do when a problem like this comes up.

You get a call from jail asking for help

  1. Get the contact information from the jail he’s in
    1. Write it down, people will need this
  2. Ask him what he needs from you
    1. Call a lawyer
    2. Get a bail bondsman on the case
    3. Call his family, significant other…only if he asks you to
  3. After you get off the phone
    1. Do what he asks you to

Another possibility: you might be with him when the arrest happens

  1. Keep calm and say nothing, but:
    1. You can tell your friend to call you from jail
      1. You’ll be his legs outside to do what he needs
  2. Take note of the officer’s name, and the location where the arrest happened
    1. Your friend will be taken to the nearest police station for processing
      1. Do a quick search to find out where that is
      2. You could also ask one of the officers, but be polite about it
  3. When your friend calls you, do what he asks

This can be tricky, because you might have been there when the alleged crime took place. The police will probably ask YOU to come down to the station and answer questions. You’re going to need a lawyer, too. Be sure to say, respectfully, that you are willing to answer questions when you have a lawyer present. Then set an appointment with the officer to meet and discuss the events.

Unless you are a suspect in the crime and being arrested, they will not read you your Miranda Rights. Anything you say prior to answering questions with a lawyer present will be something the officer makes notes about. Those notes could be admissible as evidence. This is why you’re going to need to talk to his lawyer before you talk to the police; you might be an important witness for the defense.

One of the most difficult situations is finding out from other people that your friend has been arrested. Of course, you want to help out, but you don’t even know where he is.

  1. Check https://vadoc.virginia.gov/offenders/locator/ or http://www.dpscs.state.md.us/inmate/ in Maryland
    1. Call the facility and ask if you can meet with your friend during visiting hours
  2. If they allow you to come in during visiting hours
      1. Ask him what needs to be done
        1. Does he have a lawyer?
          1. If so, contact the attorney
          2. If not, find him one, unless a public attorney has already been assigned to him
        2. Does he want his family informed?
        3. Has he spoken to a bail bondsman if bail has been set?
          1. Does he have resources to meet bail himself?
          2. Does he need financial help?
      2. DO NOT
        1. Ask about the charges or circumstances
          1. He’s been read his Miranda Rights, and visits are likely to be recorded
            1. Do not let him incriminate himself
      3. Do contact his lawyer
        1. Ask what you can do for your friend in this situation
        2. Offer to be a character witness if needed

The last scenario we want to talk about is what to do if you’re arrested with him. This is tough, because you have to help yourself FIRST. This doesn’t mean you don’t care about your friend, but you can’t do anything for him unless your situation is secure. We discuss being arrested on our blog  http://chancesbailbonds.com/being_arrested/. Be sure to check it out, so you know what might happen.

Do your best. This is going to be rough, no matter which of these situations you’re in, but your friend will appreciate you for it later. We are here to help you if you need bail bonds services, or someone to point you in the right direction, 24 hours a day, 7 days a week.

 

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Motivated https://chancesbailbonds.com/staying-motivated/ https://chancesbailbonds.com/staying-motivated/#respond Fri, 27 Mar 2015 19:05:50 +0000 http://chancesbailbonds.com/?p=751 Keeping ourselves motivated I wanted to share some things we’ve done here at Chances Bail Bonds that keep us motivated when life is hard. We are men and women of faith, and that holds us together. There are ideals we share, and they are what make us strong as a team. Let me show you, […]

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Keeping ourselves motivated

I wanted to share some things we’ve done here at Chances Bail Bonds that keep us motivated when life is hard. We are men and women of faith, and that holds us together. There are ideals we share, and they are what make us strong as a team.

Let me show you, and you’ll get to know us a little better.

Puppy_Advice Chances_Matthew_Gospel No Greater Love Did you tell him?

There is a big connection between health of spirit and mind and the chance that someone will turn to crime. Everybody wants the world to be easy, and it isn’t.

Keeping your heart and mind straight is hard in this world. Staying true and motivated is just as tough. Reach out to your friends, your church, your family, and community to keep you moving in the right direction. You can turn to us, too. Our mission is to serve.

In the end, though, you are the only person in charge of your choices, chances, and motivation. Make good choices and reap the benefits.

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