Rebecca Green Thomason – Attorney at Law
The law is tricky. It is not about what’s moral, or what’s right or wrong. The law is only about what is legal and what is illegal. Unless you have been trained in the law it makes no sense. The first thing you need to understand is that YOU MUST BE SILENT! There is no way to talk yourself out of trouble! Remaining silent is your right, so don’t say anything! If an officer starts with, “You have a right to remain silent,” then the only words out of your mouth should be, “I want a lawyer.” Hire a good criminal defense attorney or ask to have a lawyer appointed before you talk.
If arrested you have a right to a speedy trial and to due process. You have the right to know and confront your accuser. You also have a right to know the specific charges that you are facing. The criminal process has been pieced together but is supposed to ensure that you get all the rights you are due.
You have the right to make bond. A bond is money or property obligated to ensure that you will return to court at the date and time appointed. A bond may be pre-set by the judge. If there is no pre-set bond you have a right to have one set within 72 hours. A judge may set the bond at a bond hearing or one may be set over a video link. You may be released on your own signature or on a community corrections bond. Most people use a bail bonding company such as Stonecipher Bail Bonding or any of the other bond companies. A bail bonding company usually charges 10% of the bond amount. Here in Alabama, you will also have to pay an additional $35 as a fee, now required by law.
Sometimes officers or detectives will tell a person that they are putting them in jail on an “investigators hold”. Even if you are being held for investigation you should be released, charged or allowed to make bond before 72 hours expire.
If you have been arrested on a misdemeanor a trial date will be set. Your next court appearance will be the trial. Your attorney may talk to the prosecutor and reach a settlement or have the case dismissed before the trial date. If not, she will prepare your case for trial. A trial is not held in front of a jury, but a judge. The judge may be a District Court judge. However, in municipal courts the judge is usually an attorney hired to act as judge for city cases. On misdemeanor cases the maximum punishment is a year in jail and/or a fine.
If you are found guilty in District or Municipal Court you may appeal your case to Circuit Court. You will have to give written notice to the court and put up an appeal bond. This bond is set by the judge. If you are arrested on a felony you will be given notice of your right to a preliminary hearing. You have fourteen days in which to request this hearing in writing. If you have an attorney they will make this request for you. This is a “show cause” hearing. This means that the Prosecutor must present enough evidence to show that the case should continue against you. It is very rare for a case to be dismissed at preliminary hearing.
A preliminary hearing is used to gather information about the alleged crime. This is a place and a time to hear and see some of the evidence against you. Usually you will not testify and your attorney will not present evidence on your behalf.
