Using Bail To Get Out Of Jail – What A Civil Idea

By Aazdak Alisimo

When you really think about it, the concept of bail is a pretty civilized idea. If you’ve been arrested for a crime, buying your freedom is probably a small price to pay.

The story of bail could be said to have originated in medieval England where the local sheriff had the basic right to hold an accused person or to release him prior to trial. Apparently, this system was much abused with the sheriff deciding those who could pay him the most deserved to wait for their trials at home, and the ones unable to pay would wait in the jail. As early as 1275, laws were enacted to define what offenses were “bail offences”, and which were not.

The problem came to a head in the 17th century. The King of England, Charles I, decided he needed some loans from his nobles. Those that refused to make the loans were imprisoned. Apparently, the idea was that the nobles would rot in jail while the King worked out exactly what offense they had committed and arranged a trial. This process could have been extended forever. The English Parliament got involved and passed the Habeas Corpus Act of 1679 that said that an Englishman could not be held without a chance to post some sort of surety bond unless accused of a heinous crime or some other justifiable circumstance.

Ten years, later, the English Bill of Rights made this a basic part of English law. People were guaranteed the right to be free from excessive and unreasonable bail that was designed to hold them in jail unfairly before an actual trial or sentence. This became the basis of the 8th Amendment in the United States Bill of Rights. The concept of Habeas Corpus was established. It is based on the concept that no man is guilty until proven so in a court of law, and so, does not deserve to be imprisoned until a trial has decreed a sentence.

Bail became the way to insure this right, and it could not be excessive or unfair. Yet, on the other hand, although people are innocent until proven guilty, some of them are guilty and will eventually be proven so. The bail system had to insure against the release of criminals who would only flee and either escape or be recaptured at great expense.

In the United States, the major issues that have been addressed by the various changes in the bail laws have been of the danger of released accused fleeing or, worse, committing additional crimes. The idea that certain people pose a danger to the community and should be denied bail is at the heart of the current United States Code regarding bail. This determination demands a judicial decision. The question of the rights of the accused versus the safety of the community underlie all debate on bail laws.

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Getting a Speeding Ticket While on Probation – Learn How to Avoid This Mistake at All Costs!

By John Oleander

If you have just served some time in jail and you are on probation, you are dictated not to commit any other felony for a certain period of tie. You are also going to be monitored by a probation officer (PO). Now, what if you got pulled over the highway for some traffic violation? You may be wondering now, “Is getting speeding ticket while on probation going to hurt my case?”

Not if you clocked just a few numbers up the speed limit… Unless you get charged with stronger cases like Driving while Intoxicated (DWI), Driving under Influence (DUI), hit & run accident, or felonies like drug possession, weapons possession, manslaughter, or robbery – you have nothing much to worry about. A traffic citation couldn’t hurt you unless there are special rules about it in the state where you are.

Although getting speeding ticket while on probation cannot really add salt to your existing injury, it is absolutely recommended that you inform your probation officer about this. This officer should always be aware of your moves and your status in the society while under probation.

It could really make you feel so much anxiety getting speeding ticket while on probation but you shouldn’t. Talk to your probation officer about the citation and ask how this could affect you. If he tells you that there’s nothing to worry about – then you have nothing to worry about.

Should you find it a little difficult to approach your PO, you can use the Internet to search for information about so many things related to probation and a speeding ticket. You will find out that in most states, a speeding ticket cannot really harm your extended rehabilitation under federal observation.

If you can help it, be extra careful about the moves you make while on probation. You may want to refrain from speeding so you won’t be caught in the legal tangle again. You may want to stay on a low while you’re serving probation time.

Probation dictates that you cannot commit a crime or be arrested while seeing the process through. If you got really unlucky and you got pulled over by an officer, you may want to do what you can to avoid anything that will spark the officer up. If he takes you into custody then you will have a problem.

As mentioned, simply getting speeding ticket while on probation should not be something to worry much about. The case depends on the evaluation of the judge. A few MPH over the road limit cannot be all that bad for you.

Steering clear of any violations however small can be your best move while on probation. Be patient about so many things. Be extra aware of the laws wherever you are and be extra abiding. You are still under the rehabilitation system that has tried to straighten you out for sometime in jail. Do what you can to be a better citizen by avoiding citations. Avoid getting speeding ticket while on probation just to be sure.

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Jail Records

By Jeff Bender

Jail records are among the most important and the most sensitive data gathered by public institutions. The limits of access to court and jail records is one of the more battled issues concerning the freedom of information. For many people the ability to check if the strangely-acting neighbor is a known sex-offender, or if their new potential business partner has ever been sentenced for a financial fraud is an important mean of self-protection. On the other hand, there are hundreds of thousands people across the united States who at one time or another had problems with the law. Many of them after receiving the punishment started a new life. Revealing their past might cost them their jobs or families. A public and unlimited access to jail records would put them in constant danger even though they have already paid for their wrongdoings. Read more

Understanding Probation and Parole

By Joseph Devine

When you have been charged with some type of criminal offense, there are many types of punishments that you could receive for the many different crimes that you could have been charged with. For most felonies, there is usually jail time that goes along with most of these charges. For some people, they are required to serve a certain amount of jail time before they are allowed to be on either probation or parole. There are major differences between being on parole and being on probation.

Parole is defined as an early release from an incarceration because of good behavior while in the correctional facility. This basically means that if a person has been incarcerated for a certain amount of time and that person goes before the parole board of the jail facility. When the person goes before the parole board, they will evaluate that person on their behavior over the time that they have been in jail. If they have had good behavior and the board thinks that it is appropriate, they will let them on parole for the rest of their sentence. During the parole period, the person will be required to visit or speak with their parole officer on a daily basis. The person will also be required to take drug tests when parole officer feels it is necessary. There are also certain restrictions that you are not allowed to do while you are in your parole period.

Probation on the other hand is slightly different than parole in inst definition. Probation is defined as an alternative punishment for a judge to assign someone who has been charged with some sort of criminal charges and is awaiting a punishment. Basically if you are a first time offender or the judge thinks you have learned from your crime, they can choose to give you probation which is officially monitored time in the community. This means that you will have visits regularly by your probation officer. Unlike being on parole, if you are given probation, you will not officially serve any of your time in jail. All of the time on probation will be in your home doing your daily activities. You will also have appointments to meet with probation officer as well as drug tests on a regular basis. Like being on parole, there are many restrictions that will apply to being on probation as well. The restrictions will vary depending on what type of situation you are involved in. With both parole and probation, a violation of any one of the restrictions that they give you can lead your parole or probation being revoked and you will be put in jail for the remainder of your sentence.

For more information, contact the Appleton Criminal Defense Attorneys of Kohler & Hart at http://www.appletoncriminalattorneys.com

Joseph Devine

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Drugs: Prison Or Probation

By Thomas Gallagher

Introduction

Many people have opposing views on how the drug problem should be tackled, with the epicentre of any debate focusing on two differing solutions to tackle the problem.? These two solutions consist of imposing a sanction such as prison, or tackling the problem from a different angle by offering probation to an offender coupled with drug treatment programs.? This article will assess to the effectiveness of the two systems.? Firstly, the drug crisis and its effects on society will be examined.? Following from this will be an assessment of each of the systems, focusing upon there effectiveness.? Finally, some alternatives will be advocated that depart from the present system.? After assessing all of the evidence available, the conclusion that will be reached is that if society is to curtail the exponential rise in drug abuse, a far more informative system must be implemented, before another generation is lost to drug abuse.

The Drug Conundrum

Drugs have been around in some form or another since 4000BC (Egyptians with wine and marijuana used for medicinal purposes in China).? Although drugs were widely used, it was not until the 19th century that the active substances in drugs were extracted and used as a lifestyle choice.

The addictive nature of drugs was immediately apparent, although there was a gradual recognition of this property with the passing of the first national drug law, the Pure Food and Drug Act of 1906. The destructive nature of alcohol in society led to the prohibition period in America.? Therefore, the drug problem has been around, and more importantly, been acknowledged for some time.

The experimentation period of the 1960?s had a profound effect on society.? The ethos was love, drugs, social ideological rebellion, more drugs, and then more drugs.? The administration was rocked to its very foundations, which culminated in far more draconian police force.? Whether proliferation in state interference was inevitable, a position advocated by Orwell, or whether it was a result of drug taking, one can only surmise. Nevertheless, the position is conclusive, drugs have had a significant effect on society.? How society has chosen to deal with this crisis will now be examined.

The Threat of Prison as a Deterrent for drug Use

For an addict, the threat of prison is about as effective as a chocolate teapot in the desert. It relies on the premise that the addiction is controllable.? Anybody who smokes or drinks coffee on a regular basis should be in a position to bear testament that the addictive nature of these two substances, once removed, can have severe effects on their day to day lives.? So, what about heroin or crack cocaine?

Heroin addiction and crack cocaine addiction are possibly two of the most severe drugs for creating dependency and also tolerance. As higher doses are used, over time, physical dependence and addiction develop. With physical dependence, the body has become used to the presence of the drug and withdrawal symptoms may occur if use is reduced or stopped.

The symptoms that a person going through withdrawal process? are cravings, restlessness, muscle and bone pain, insomnia, diarrhoea and vomiting, cold flashes with goose bumps (”cold turkey”), kicking movements, and other symptoms. Major withdrawal symptoms peak between 48 and 72 hours after the last dose and subside after about a week. Sudden withdrawal by heavily dependent users who are in poor health can prove to be fatal.? Prison cannot be an effective deterrent against such symptoms.

Effectiveness of Probation

Probation is a term that can have a multitude of meanings, and, may be imposed after a prison sentence, although for drug users, this is often too little too late.? The interpretation given in a dictionary is ?the act of suspending the sentence of a person convicted of a criminal offence and granting that person provisional freedom on the promise of good behaviour?.? This provisional period can entail many things for a convicted drug user, with impositions such as involuntary drug programmes and drug testing.

Involuntary drug programmes can entail taking substitute drugs to wean a person off a specific drug, resulting in a lower dependency and a reduced level of tolerance.? The problems that can emanate form these programs consist of a lack of secondary support for drug users.? This can result in an individual being drawn back into a cyclic situation which ultimately results in that individual taking the very drugs that the substitute drug was supposed replace. Involuntary drug tests emanated from America and involve a person being requested to take a drug test within a specific period of time. If the person tests positive, then the suspended sentence is then imposed, these will often lead to a custodial sentence.

Whilst the two systems do have their own merits, it is possible to adduce from these two alternatives a far from satisfactory conclusion.? Both systems rely heavily on the circumstances that the drug user finds themselves in once the probation period has been imposed.? Those who have funded their habit through criminal activities will often have a criminal record, and thus will be unable to find employment.? They will often still exist in the very same peer groups where the original problems emanated, therefore, there must be a more viable solution to this drug quandary.

A Possible Alternative

The buzz word at this present moment in time is decriminalisation.? Decriminalisation, in its most severe form would involve a complete removal of all criminal sanctions that are currently imposed for drug use.? This would then remove drug users from the criminal process and would focus attention on treatment.? There is staunch opposition to this concept in some quarters as people believe that it would create an environment for experimentation and lead to an exponential rise in drug taking.? Advocates for decriminalisation point to alcohol as an example of a drug that, under correct supervision, can be controlled.

Conclusion

Any problem that involves an addiction will never be able to be tackled by easy solutions.? This article has, however, highlighted to difficulties that society faces if it wishes to address this problem in organised concerted fashion.? There is, however, a realisation that the draconian legislative measures, that have been, as of today, highly ineffective, being replaced with more suitable measures of tackling the drug issue. As a friend once said, ?education, not incarceration? is the only viable alternative.

Thomas Gallaggher
Llb John Moores University
LLM Liverpool Univeristy

If anyone is interested in this topic then please visit http://www.criminal-information-agency.com/drugs/ and http://www.criminal-information-agency.com/prison/ and http://www.criminal-information-agency.com/probation/

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Teen DUI and DWI Offenses Driving College Kids Straight

By Aaron R Klimchuk

Cindy is 19 years old. One afternoon, she has one beer with a couple friends, and then she drives her little sister to a friend’s house. Along the way, the police stop her because a tail light is out. Guess what? She’s arrested, taken to jail, and the car is impounded. Later, she’s convicted under her state’s new Zero Tolerance law, designed to discourage teens under 21, who are not legally allowed to drink, from drinking and driving. She loses her license for a year, she has to perform 40 hours of community service, and she has to attend a driver safety course for three months. And, because a minor was in the car with her, she has to spend several days in jail. Read more

DUI And Probation

By Eddie Tobey

The criminal justice system has gradually shifted its focus from filling prisons to a more compassionate approach, namely rehabilitation. Thus, conditional probation has become an increasingly important aspect of sentencing. In general, the power to suspend a sentence and impose probation is statutorily created, and must, therefore, be exercised in accordance with the statute authorizing it. Depending upon the restrictive nature, some statutes permit the court sole discretion in setting certain conditions of probation, while others specifically restrict the judge to certain conditions.

The most restrictive statutes may require the imposition of certain conditions for certain offenses, require defendants to complete a minimum sentence before being eligible for probation, or simply prohibit granting probation entirely for offenses which prescribe punishment of a certain severity.

When probation is granted, some statutes explicitly authorize the imposition of certain conditions such as restitution, fines, recoupment and incarceration. These conditions have been upheld to deter further offenses and contribute to the defendant’s rehabilitation. Recoupment statutes have withstood arguments that they may operate to deter defendants from exercising their right to counsel, on account they are based on the ability of the defendant to pay. However, where revocation of probation occurs and the defendant is indigent or has made a good-faith effort to pay fines or the costs of rehabilitation programs, courts have held that revocation of the probation violates equal protection.

A Violation of Probation is generally initiated by your probation officer and may result in a warrant for your arrest. The warrant may block your ability to post bond. It is therefore important to consult with an attorney as soon as you learn that a warrant has been issued for your arrest. An attorney may be able to arrange for your surrender and obtain your release on your own recognizance (ROR), or a low bond.

In addition to the explicitly authorized conditions of probation, formulation and imposition of other conditions is often left to the sound discretion of the trial court. These conditions are generally limited only by the requirement that they be reasonably related to the defendant’s rehabilitation. Accordingly, trial courts should be viewed as having wide discretion in imposing these conditions. [http://www.e-sandiegoduilawyers.com]San Diego DUI Lawyers provides detailed information on San Diego Alcohol Treatment, San Diego Dui Laws, Driving Under The Influence, Dui And Fines and more. San Diego DUI Lawyers is affiliated with [http://www.e-CriminalDefense.com]White Collar Criminal Defense.

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What Are Probation and Parole?

By Joseph Devine

If you are convicted of a crime but do not seem to be at a high risk of making the same mistake again, the judge may be lenient and put you on probation instead of sending you to prison. Probation is a period of time during which you must live up to a certain standard of behavior. If you fail to meet this standard, you will be expected to serve your full sentence. It is up to the judge or probation officer to determine the length of your probation, the exact guidelines you are to follow and the length of time you will serve if your probation is revoked.

Parole is somewhat similar to probation, except that is it granted to people who have already served part of their prison sentence. When a judge hands down a sentence, it will specify the amount of time the convicted person must spend in prison before they are eligible for parole. For example, a sentence of “twenty years to life” means that the prisoner may apply for parole in twenty years; if it is never granted, they will spend the rest of their life in prison. Parole is offered to prisoners in exchange for exceptionally good behavior and other indications that they will probably not reoffend, such as lining up a permanent residence and employment outside of prison. This offer always comes with strings; once released from prison, a person is expected to follow certain guidelines. If they fail to do so, they can be sent back to prison for the remainder of their original sentence, plus additional time if they commit another crime while out of prison.

Common requirements for people offered one of these options are taking and passing regular drug tests, regular meetings with a probation or parole officer, maintaining employment, and staying within state lines. Additional requirements are sometimes listed, such as sticking to a curfew and not fraternizing with any other convicted criminals. It is up to the PO to decide which and how many guidelines a parolee or person on probation will have to follow. Generally, breaking the law is an automatic violation of the guidelines.

If a person violates one of these rules, they may receive a warning from their PO, or the officer may decide to revoke the person’s parole or probation. If the officer chooses the latter, the person is entitled to a legal hearing to determine if they are truly guilty.

For more information on these and related laws, contact [http://kohlerandhart.com/]Milwaukee probation and parole revocation lawyers Kohler & Hart.

Joseph Devine

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Have You Been Arrested Or Released From Jail Recently?

By Sonia Munoz

Recent changes in Immigration policies make mandatory detention
much more likely for Visa holders and Lawful Permanent Residents.

If you have been recently arrested or have been released from prison after October 8, 1998, you may be a candidate for mandatory detention. Immigration and Customs Enforcement (ICE) may arrest and hold you in an Immigration Detention Facility based on the criminal charge.? This may happen even if you served a minimal amount of time in jail. The key element is that the criminal charge, arrest, or release from custody have occurred after October 8, 1998.

On March 21, 2007, in Matter of KOTLIAR-, 24 I&N Dec. 124 (BIA 2007), the Board of Immigration Appeals ruled on the topic of mandatory detention during a bond re-determination hearing.? The Board of Immigration Appeals (BIA) is the governmental body having jurisdiction over appeals submitted by detainees and respondents who have been ordered deported by an Immigration Judge during removal proceedings.

According to the BIA, its ruling is consistent with the concern from Congress that criminal aliens will continue to commit crimes and not appear at the removal hearings.? It is important to note that the alien is able to request release and bond in front of an Immigration Judge where the grounds for detention are not included in the charging document from the Department of Homeland Security.

Based on the BIA?s recent ruling, an alien who has been apprehended from home while on probation for a criminal conviction is subject to mandatory detention. The individual is to be mandatorily detained by ICE regardless of the reason for the criminal custody or arrest. He or she can be subject to mandatory detention as long as the arrest or the release occurred after October 8, 1998. This recent ruling came about as a result of an appeal from an individual who entered the United States as a visitor and stayed for longer than authorized, who had been convicted of several crimes.? According to the BIA?s ruling, individuals having served time in jail or on probation are subject to mandatory detention. Even an individual who has been arrested before a conviction is given may be subject to mandatory detention for immigration purposes.? It is important to note that even if the arrest was based on a crime that is not the grounds for your charges of deportation, you may still be subject to mandatory detention.

An individual can appeal a final order of deportation by the Immigration Judge to the BIA.? In some cases, the individual can even appeal to the Circuit Court having jurisdiction over the case.? In general, the BIA is the last governmental body to review the individual?s case. Hence, the decision by the BIA is the final say on whether the individual appealing is able to stay in the United States or is to be deported.

If you have been arrested or released from probation, parole, or incarceration recently, you might be subject to mandatory detention. Feel free to contact an attorney at Immigration Legal Experts, Inc. at 1-866-482-VISA (8472) to find out more information.? Initial Legal Consultation is FREE. Also visit?? [ http://www.immigrationlegalexperts.com] Immigration Legal Experts, Inc.? on the web.

Authored by Sonia M. Munoz, Esq. Attorney and President of Immigration Legal Experts, Inc. For her CV and more information about her previous experience, seminars, and other published articles visit http://www.immigrationlegalexperts.com

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What’s The Differences Between Probation And Parole

By Robert Davis

A reader asked this good question and I’ll try to give you the facts between the two.

First, parole is only given to an individual that is serving time in a prison. If your original sentence is two years, it could be cut short. Say you served one year of your sentence with no behavior problems. Then you might go before the parole board and be eligible to serve your last year as a semi free person. The reason why I say semi free is because you must serve that free time crime free. If you commit a violation or crime, you’ll have to go back to prison and serve that last year, plus whatever sentence you received for the crime that put you back there!

Probation is usually time given to a person in lieu of jail. Say you committed a crime that carries a sentence of two years. The judge could then suspend sending you to jail for two years and instruct you to serve that time a semi free person. This means no criminal action during those two years. If you commit a crime, off to jail you go for the original two years. It’s usually given to people who committed no violent crime, has no criminal record, or if the judge simply has compassion for you.

Oh, before someone asked what’s a parole board. A parole board is a group of officials ( usually consisting of 3-7 people) that reviews prisoners profiles to determine which are a risk to society and which might be trusted to faithfully perform the ‘parole’. They are usually appointed by the governor of the state they represent.

I hope this explains the differences between the two actions. Take care all!

This author submits professional articles to http://www.ezinearticles.com? His articles informs citizens about how to handle different situations when confronted by the police. He is a former award winning police officer. Mr. Davis is an authorize speaker to young police recruits in Louisiana. He is also a master in wilderness suvival. He studied criminal law at Loyola University in New Orleans, Louisiana.

In addition, Mr. Davis has been a featured guest on many television shows detailing how to detect rogue police officers as well as a defense against such officers. This author is also working with Authors Stephen Peach, the award winning ex swat officer of California, and Mike Madigan.? These two authors have also dedicated their lives to exposing rogue cops. Mr. Davis will be at Barnes and Noble, CitiPlace Ct., in Baton Rouge, Louisiana at a book signing on April 14, 2007, from 1:00pm – 2:00pm.

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