A jail release is an important initial step in a criminal case, but it is not the end of a long legal process. When the defendant posts the bail, he is allowed to go back home, although under very stringent restrictions and future commitments. It is vital to know what happens next to be within the limits of the court and avail yourself the best opportunity to have a good result. The release time until final verdict has some critical steps to be taken into considerations.
Knowledge of Conditions of Release
Upon being released on bail, the court puts certain conditions which you have to abide by. These are not recommendations, they are laws. The rules like remaining within a particular geographical region, following all the laws and not having any contact with particular individuals who have taken part in the case are the common conditions. Breaking any of these conditions will lead to loss of bail and you will be back in jail. All paperwork issued at release must be reviewed. In case you have utilized professional service, the information available on the San Diego Bail Bonds website can be used to explain general expectations and the need to follow these guidelines in order to secure your freedom.
The Arraignment Hearing
The arraignment is the first major court appearance following the posting of bail. This is the place where you are actually charged against you and have to answer guilty, not guilty, or no contest. Legal counsel is strongly advised in this hearing. Your lawyer will help you on which plea to make and can persuade to have your bail changed. This hearing is by requirement. Missing it will be counted as a different crime and you will be warranted to be arrested and the money of bail or bond posted against you will be forfeited.
Pre-Trial Proceedings
The case enters the pre-trial stage after the arraignment. This phase may take up months and several sittings in which the prosecution and defense ply evidence. This is what is referred to as discovery. The police reports, witness testimonies and other pieces of evidence will be reviewed by your own attorney and be used to develop your defense case. It is also during this period that you might be required to appear in court in order to have status conferences. These conferences enable the judge to make sure that the case is proceeding and eliminate any procedural difficulties prior to a trial happening.
Preliminary Hearings
Felony cases undergo preliminary hearing to establish whether there is sufficient evidence to be tried. The prosecutor has to demonstrate that there was probable cause that a crime has been committed and that it was you who did it. It is not an ordeal to prove the guilt or innocence but more a check to ensure that unwarranted accusations do not proceed. The judge will bind you over to trial, should he or she have adequate proof. In case of the weak evidence, your attorney can persuade the court to drop or at least to reduce the charges.
Trial and Resolution
A case that has not had a plea bargain is taken to trial. In this case, all the evidence will be presented before the jury or the judge who will rule on whether you are guilty or not. During the trial, your bail situation will generally be open as long as you appear in court on a daily basis. When the verdict is pronounced or the plea bargain is closed, the procedure of arranging a bail is over. In case of acquittal or dismissal of the case, the bail is refunded. In case of conviction, the bail is usually released when you start serving your sentence or probation.
