For multiple reasons, Indiana Bail Bonds is choosing to cease the use of cash bonds in our various services effective immediately. Our company is still devoted to extending every opportunity to each client in Avon and Indianapolis, IN and the surrounding areas, finding ways around the use of cash bonds.
You can Rely on us
As time goes on, cash bonds have proven to be an ineffective way to support each of our clients individually and the justice system as a whole. Furthermore, cash bail bonds are slowly being phased out nationally to better help all Americans have an equal footing when recovering from unfortunate circumstances.
In Avon and Indianapolis, IN, Indiana Bail Bonds still provides all of our bail services. We understand that if you find yourself needing bail, the situation can be unbearably intimidating, but we have your back if the time ever comes. Our team is always committed to each service, being professional and entirely patient.
Even with something like an arrest warrant, we can help. Our experienced professionals can walk you through the process of what you need to do and how to do it so that you can come out of such a situation without further strain to you and your image. We understand you may want to act on instinct, but trust us when we say that the best time to stay calm and accept the word of experts is on such an occasion.
With our phasing out cash bonds, Indiana Bail Bonds understand that there may be some confusion, but do not worry because all of our services are still accessible to you. If you need more information or to speak to a representative, call 317-423-9300 today so that we can help you.
There are many occurrences that can take place where legal intervention is needed for a defendant on a case. One such option of assistance comes in the form of a surety bail bond, a unique way to get out of jail and guarantee that compliance is met with future proceedings. However, a surety bail bond will require time and processes to be met over time as with any bail bond or surety bond. Your particular case may even have varying conditions and altering timelines that will make it unique to other surety bond cases so it’s important that proper communication and research are done. Get in touch with a qualified professional to see what needs to be done with any specifics and information. Until then, here is some general information regarding a surety bail bond, that may prove useful to you.
What is surety bond in bail?
A surety bail bond will involve an arrested person providing an amount of money be it with property or cash to ensure that they will attend all future required court appearances. After this is offered the surety bail bond will then allow the person charged to be released from until the processes of their case are completed.
Is a bail bond a surety bond?
A bail bond technically is a type of surety bond yet there are key differences. A surety bail bond will have to additionally connect to a surety bond company through a bail agent or bail bondsman to secure the release of a defendant from jail.
What is the difference between a bond and a surety?
The difference between a cash bond and surety bail bond is that a surety bond will involve three parties whilst a cash bond will only involve two. The defendant will use a surety company to pay the bail money for a surety bail bond.
How do surety bonds work?
A surety bail bond works as a three-party agreement that binds together the principal who needs the bond, the obligee that requires the bond and the surety company which sells the bond. This type of bond will require that the principal will act in accordance with certain laws relevant to the case or bond.
What’s the purpose of a surety bond?
A surety bond will basically be a financial agreement between three parties where the principal (person with bond) will be financially guaranteed to the obligee (government) that their obligations will be fulfilled. Technically, a surety bond is a risk transfer mechanism.
Why would I need a surety bond?
A surety bond will make sure to the obligee that the principal will perform a contractual obligation. In the case of a surety bail bond, this will mean the principal will follow through will all legal obligations of their case in a timely manner.
How long are surety bonds good for?
Most surety bonds will have an expiration date, however, since surety bonds themselves can vary greatly the duration of the bond will range. Such ranges of expiration dates could be a payment bond that lasts two years or a performance bond that lasts a year.
How do you get out of a surety?
Get it canceled in writing with the permission of the creditor.
The bank can cancel it:
if the debt is paid in full. OR
one surety can be replaced with another, OR
the remaining surety is in a financially good position to meet the bank’s requirements.
Are surety bonds refundable?
A refund with a surety bail bond doesn’t usually occur and is also not required by the surety. Yet if you are looking to get a refund on a surety bond it’s best to contact the surety company that issued it to you.
Does a Surety Bond affect your credit?
Your ability to purchase a bail bond as well as the rate of a surety bail bond will be affected by your credit score. As far as payments, usually with surety bonds, there is a one-time payment yet you will need to pay, say, $100 per month to keep it active.
Contact a Qualified Professional For Assitance
If you’re in jail and require the help of getting out with a surety bail bond, enlist in your local surety bail bond services. It’s important that all requirements are followed in order to not risk losing your bail bond and adding more charges and fines. Get in touch with your legal representative, bail bondsman, and surety bond company for any additional information or questions. Make sure to get familiar with any details and specifics to prevent any problems further along the road. When you find yourself in a sticky situation, a surety bail bond may be the solution for you. Seek the legal help that you need for a smoother process with your case.
If you need help with a surety bail bond in Avon and Indianapolis, IN call 317-423-9300 with Indiana Bail Bonds!
There are many types of theft used within the vernacular or everyday speech, such as theft of the heart and theft of time. Then there are the legal types of thefts, the ones that a person faces theft charges in front of a judge and jury. Just what are the different types of theft? Burglary, embezzlement, fraud, larceny, robbery are all different names, yet they all have the same results: theft. The charges will determine how their legal proceedings will follow. Here, we offer a brief description and the possible outcomes. One thing in common of these, a person facing any of these theft charges should get legal counsel.
Larceny or Theft
Larceny is simple theft and is the act of unlawfully taking the property of another person. or using property that belongs to another person. In most jurisdictions, there are different types of theft charges that range from as small as shoplifting to something bigger like grand theft.
Normally, the basic elements are the same, but there is a
slight variation. For instance, if the theft occurred in a retail store like
shoplifting and the theft
charges by amount valued of the stolen item(s), like petty or grand
theft, and the type of property, like grand theft auto. The punishment
possibilities depend on the theft
charges filed. Common sentences that can be handed down are a fine, jail
time, probation, and or a combination of these.
Identity theft is the act of using the name, bank account,
or credit card, and other personal identification of another person without
their permission. This type of theft can damage the person whose identity
was stolen, affecting their credit history and credit score, their financial
resources, and more. Identity theft is a federal crime, and, sometimes, the theft charges are
punishable by a long jail sentence and it forfeits any property gained by using
the stolen identity and money forfeited.
Robbery is the act of using intimidation, threats, or violence to get the property of another person. A robbery with and an added element such as violence, like armed robbery. These types of theft charges are subject to a penalty that is heavier than regular larceny because of that added element.
The act of deceiving another person to relinquish their property willingly with false pretenses presented to them is a fraud. The difference between fraud and robbery is that there is no violence. The accused simply walks away with another person’s property. However, there are varieties of fraud centered on the deception involved. One example would be if the accused takes the property of another person they were entrusted for safe-keeping or other purposes.
Embezzlement is a fraud that involves fake currency, check, or some other negotiable instrument. Counterfeiting, misleading income information to the government are also forms of fraud and could be upgraded to tax fraud or tax evasion. These types of fraud charges are why they are often concerned to be a “white collar” crime. There are no acts of violence and are usually a form of business dealings.
Because theft charges that are determined to be fraud can have results with large amounts of money and property stolen and can have a lifelong effect on the victim, the sentences vary. The accused may be required to pay a fine, placed on probation, or sentenced to federal prison.
Is Theft civil or criminal?
When a person executes or attempts to execute a theft, it can be both civil and criminal. For example, if you steal from a retail establishment, that is breaking the law and is a criminal act. The establishment that you stole from, however, can also pursue the civil action for damages. The criminal charge is how punishment is determined and civil action’s purpose is to encourage the accused to forgo any future thievery. A civil action is a separate filing from criminal action. If the victim has the theft charges dropped, they could still follow the civil charges.
What type of Offence is theft?
In the state of Indiana, the
following are classified as theft:
Misdemeanor Theft or Petty Theft
Felony Theft or Grand Theft
Auto Theft and Receiving Auto Parts
Can you be charged with theft without evidence?
If the prosecution cannot prove or support with evidence of the theft charges, the judge and/or jury can determine beyond a reasonable doubt that the theft happened, the theft charges are dropped and the case has ruled an acquittal.
How much jail time can you get for theft?
A misdemeanor is typically punished by a fine up to $1,000 and a jail term up to 1 year. If the theft charges involved property with a value of over $500, the judge can choose to proceed with a felony or a misdemeanor charge. Whether you are charged with theft larceny vs burglary, the history of these theft charges will remain on your record. A person charged with theft charges and employment can be difficult to find or maintain as most of society frowns upon such charges. Call 317-423-9300 today for bail bonds in Avon and Indianapolis, IN when you need them.
How Long Do You Go to Jail for a Probation Violation?
To begin with, it’s important to know how a probation violation happens. First, the defendant is arrested. Next, there are the first appearances in court and the subsequent bond. Then, there has to be a violation of the probation hearing. Afterward, the sentencing will occur. In order to be found guilty, the defendant’s violation must be determined as willful and substantial. If you are given a new probation sentence for your probation violation, you will be given credit for any previous time that you successfully spent in jail or prison. That said, the probation sentence and the jail sentence do not overlap. Thus it will be up to the judge what the length of time is for the probation violation.
Can a Probation Violation Be Dismissed?
If the probation violation is deemed insignificant enough to be a willful and substantial violation, there is a chance that your lawyer can get it dismissed. It is the duty of your lawyer to argue on your behalf and present your side of the case. If the judge determines that the probation violation was meaningful, then the violation will not be dismissed.
What Happens at a Probation Violation Hearing?
Probation violation bail is a serious topic. After all, defendants do not want to return to jail and there can be serious consequences. Please browse through the following items on the agenda for a probation violation hearing. To begin with, the judge must determine whether or not the probation violation was serious enough to merit punishment. This involves a two-step process:
The judge must consider if there is a cause to revoke the probation. If the judge finds that there is enough evidence to support a probation violation, the judge may issue an arrest warrant.
If a probation violation has been confirmed, a formal probation revocation hearing is in order. Due process needs to be considered. The judge has the jurisdiction to reinstate probation on new conditions. Or the judge can remand the probationer to the county jail for a misdemeanor case. The judge can also sentence the defendant to additional time.
What are Two Types of Probation Violations?
Two types of probation violations include informal probation and supervised probation. Informal probation is also known as court probation or unsupervised probation. This kind of probation is typically issued for low-risk offenders. The second type is supervised probation. This type of probation is also known as formal probation. For supervised probation, there are stricter requirements, including mandatory counseling appointments, random drug or alcohol checks, and restitution payments to victims of the defendant’s crimes. If you require a felony charges bonds, it’s important for you to seek out a bail bond authority that will work with you to provide resolution.
Do You Go Straight to Jail if You Violate Probation?
If you have been convicted of a crime and have been placed on probation, you, like many others, have found probation to be difficult, you may violate the terms. If you have been convicted of a crime and violated the terms of your probation, you will have a trial. During the trial, the state prosecutor will file a motion to revoke the probation and distinguish the alleged violations for the judge. The prosecutor will ask the judge to put the defendant in jail. The defendant’s lawyer will make a case for the defendant. After the judge deliberates over the issue, and if no violation has occurred, the defendant will remain on probation. If a violation has occurred, the judge will decide if they go to jail. During this process, the defendant will receive due process, and will not be immediately put in jail.
Are Traffic Tickets a Probation Violation?
In truth, it depends. If a traffic citation violates the terms of probation or parole, it may be considered a probation violation. Most probation and parole orders prohibit violating any law, including traffic laws. However, police do not usually report a basic traffic citation to the probation officer unless the infraction is particularly severe.
Probation Violation No Bond
Probation violation cases are a serious matter that can severely impact your lifestyle. Failure to check-in with your probation officer, and not following through with the conditions of your probation can easily land you back in court. Whether or not a judge will set a bond for a probation violation greatly depends on the severity of the original crime, the length of the probation, the type of probation, and whether or not you have a criminal record. If all of these factors skew heavily in a negative direction, a judge could deny a bond or set one so high that the defendant cannot possibly afford it.
What Does Felony Probation Violation Mean
A felony is an offense that brings with it a potential term of incarceration in excess of a year. Felonies are serious crimes that impact your freedom, rights, and privileges. It is important to know that felony probation is a contract between the probationer and the court. A substantial violation or repeated violation could definitively result in very sincere consequences. When a defendant violates their probation in a substantial way, they can be charged with a felony probation violation.
Probation Violation Battery
The crime of felony battery is defined as intentionally harming another person against their will and subsequently inflicting bodily harm. When a person violates their probation with associated battery charges, the terms of the probation will be subject to review.
Your bail bonds should be handled with experience and precision. Our staff at Indiana Bail Bonds are ready to assist. Please call us at 317-423-9300. Discover more about how we can help you with your probation violation in Avon and Indianapolis, IN!
In every state, driving while consuming alcohol or drugs, prescription drugs included, is illegal and is referred to as DUI (driving under the influence) or DWI (driving while intoxicated). This topic has become a focus across the country, and each state has created a DUI prevention plan in an effort to minimize the number of DUI/DWI scenarios.
A DUI is a crime and rarely does a DUI without arrest not occur. If you are convicted of a DUI, you will be sentenced in some fashion. The punishment for this varies from state to state and obtaining a DUI attorney when faced with this charge is always recommended, especially if the charge is booked as a felony.
It is common within the punishment for the offender to participate in a DUI prevention plan that may include taking a driving course, attending a seminar if the DUI with an accident was involved, and in extreme cases where a death was involved as the result of DUI/DWI, speaking at a seminar.
There are some terms used within a
DUI/DWI charge that anyone arrested with either one should become familiar with.
– Blood Alcohol Concentration
– (Ignition Interlock Device)
An attorney experienced in DUI/DWI cases will seek for the charge to be reduced, or even dismissed, regardless of the BAC, even if there was an implied consent involved. If they are not able to do either, they will negotiate on behalf of their client for a lesser sentence and enrollment into a treatment program and participation with a DUI prevention plan.
Which is worse DUI or DWI?
It can depend on what state you’re pulled over for
suspension of either DUI or DWI. Some states
consider these as separate charges with ta DWI being the more serious
charge. The point where a DWI is a legitimate offense is determined by the BAC (blood
alcohol concentration) with each state having its own level set in place. If
the BAC is under that specific level, the lesser charge of a DUI is
What happens if you get DUI?
While driving while intoxicated with alcohol or drugs isn’t smart, when you go back and think about this situation, a DUI isn’t the worst thing could have happened. Apparently you were driving erratically enough a police officer saw the need to stop you before you caused an accident, or worse, a death, or you wouldn’t be in this position. It is the hope of all involved with what you’re about to endure, that you have learned enough not to repeat this mistake. The purpose of any DUI prevention plan presentations and programs is hit the consciousness of those that may be prone to drink and drive, such as school children.
Here is what you can expect to happen when you
have been stopped for suspicion of DUI/DWI:
will be required to take a breathalyzer test or a sobriety test
will receive a citation that will have a court date stated
will be handcuffed and escorted to the police station
will have your mugshot taken and you will be fingerprinted
At this point, depending
on state law, you will be released under your own recognizance or bail will be
required for you to be released. In either situation, you will be
required to sign a promise to appear before the court on the appointed date and
not engage in any illegal activity. In some cases, you may be left to “sleep it
off” before being released.
Can a DUI be dismissed?
In every state, there must be probable cause proved by the officer for stopping you, detaining you, or arresting you for a DUI/DWI. A DUI prevention plan will often show films of a patrol office following a suspected drunk driver and making that determination if conducting a traffic stop is warranted.
During the appointed court date, if
the defendant’s attorney can show that there wasn’t a probable cause, the judge
has the authority to dismiss the case. Some instances that the defendant’s
attorney may use to have the case dismissed are:
Lack of Probable Cause
No Evidence Who Was Driving
Vehicle Was Not Moving
Lack of Evidence Defendant Was Under the Influence While Driving
Blood Test Results Did Not Indicate Impairment
Blood Test Was Improperly Administered
Consent Was Not Given for Blood Draw
Warrant Not Presented for Blood Draw
Defendant Did Not Know Any Drug Was In Their System
What is the punishment for a first time DUI?
In most states, the first DUI charge
is a misdemeanor offense. The punishment will vary from state to state, where
any of the following could be implemented:
Payment of a fine
Required community service
Driver’s license suspended
Required attendance or participation in a DUI prevention plan
There are other factors considered
that determine which of these are implanted by the judge and can be only one of
them, a combination of any, or all of them. The level of what the defendant was
charged with can result in an enhanced sentence and a severe penalty,
such as jail time.
Some factors that can make the
severity of the punishment harsher would be an open container inside the vehicle,
a child was in the vehicle or previous conviction. These are factors that can
take the case from a misdemeanor and a fine to mandatory jail time or license
suspended or even revoked.
Can a DUI ruin your life?
Any person that is convicted of a
DUI/DWI will have a criminal record the rest of their life. With that comes the
possibility of job loss, increased insurance premiums, and a loss of respect by
many, including family members.
Many families are destroyed by this and will find the need for psychiatric or psychological help to deal with the stigma associated with this type of charge. A DUI prevention plan will often take attendees through this after effect as well as the legalities.
Some examples of what a person
convicted of a DUI/DWI may face are:
A permanent criminal record that includes mug shot and fingerprints
Driver’s license suspended for a period
Fines in various amounts
Require IID installed for a period
Required to take a DUI/DWI class, undergo counseling, participation in a DUI prevention plan
Higher insurance rates, possible loss of insurance, specialized insurance
Denial of out-of-state and/or international travel
Nobody sets out with the intention of being charged with a DUI or DWI, but surprisingly, it happens every day to people that never thought they would never happen to them. The best advice anyone can receive is don’t drink and drive or take drugs and drive. That is the safest way to live life today, but if you do find yourself, or someone you know, in this position, we hope that this article provided you helpful information. Need bail for your DUI? Call Indiana Bail Bonds in Avon and Indianapolis, IN at 317-423-9300!
If you’ve been issued an arrest warrant, you are probably wondering how and why it has happened. There are a couple of reasons why an arrest warrant can be issued, with the following being examples.
Stolen Car Suspect: If there is evidence that you have stolen a car, then a warrant for your arrest can be issued.
Breaking and Entering Suspect: People who are suspected of breaking and entering into a property that isn’t theirs, then they can be issued a warrant.
Rape Suspect: If someone is suspected of sexual assault, that is a reason to be issued an arrest warrant.
Robbery Suspect: Arrest warrants can be issued for those who are accused of a robbery.
Murder Suspect: Murder suspects will definitely be issued an arrest warrant in order to bring them into jail right away.
Abduction Suspect: If there is any proof that you abducted another individual, that will get you an arrest warrant.
So now that you know what you can get an arrest warrant for, you are probably wondering how a warrant works and what happens when one is issued. Before arrest warrants can be issued, the police officer who goes to the judge has to have probable cause and evidence that a crime has been committed. An arrest warrant without evidence can’t be used in court, so in order for them to be legal, a police officer needs probable cause and two pieces of evidence to have an arrest warrant issued. A lot of people ask, “Who can issue an arrest warrant?” and the answer is the judge. A police officer will go to a judge and ask for an arrest warrant for a specific crime that has been committed. If the judge finds that there are probable cause and evidence, then they can issue the warrant.
What Happens After Arrest Warrant Is Issued?
Once the arrest warrant has been issued, police officers have the legal right to arrest the person who is suspected of the crime. Arresting police officers can legally arrest you in private and in public, so they can arrest you if you are at work, at a restaurant, or even if you are at home. When they arrest you, they are not allowed to search your home, work, car, or another area that you have been at. They either have to have a search warrant or they have to get consent from you, your roommate, or boss to search your property. It’s also important that if they do have a warrant for your arrest, you don’t have to answer any of their questions. If any of these things happen without your consent, you can contact a lawyer for legal assistance. Many people ask, “Can a warrant be dismissed?” and the only way that arrest warrants will be dismissed is if you turn yourself in. If its something minor, you can go to the court where the warrant was issued and ask for it to be dismissed. You can also bring bail with you just in case it is needed.
Arrest Warrant Vs Bench Warrant
While they are both warrants, an arrest, and a bench warrant are completely different from one another. As stated before, arrest warrants are issued when a police officer comes to a judge with evidence and probable cause that a crime was committed. Once the arrest warrant has been issued, police officers are free to find and arrest you. A bench warrant is different, as they are used for criminal and civil cases. For civil cases, a bench warrant can be issued for a witness so they can come to testify. For criminals cases, bench warrants are issued if the defendant misses their court date. They can also be used in child support cases and when someone doesn’t show up to jury duty. Unlike with an arrest warrant, a police officer might not be actively looking for you.
How Do I Take Care of a Warrant Without Going to Jail?
Can I Check If I Have a Warrant?
If you have a warrant for your arrest, you are probably wondering if you can get it taken care of without having to go to jail. You can hire a lawyer who can contact the court that issued the warrant and try to get it dismissed. If there are any court dates associated with the warrant, then you might have to go to court to get the warrant removed. It will honestly based on the seriousness of the crime. If its pretty minor, a judge might dismiss the warrant and release you on your own recognizance or set bail. To make sure that everything is done correctly, it’s crucial you get help from a lawyer. If you think you might have a warrant for your arrest but you aren’t sure, you might be wondering, “Can you check warrants online?” the answer is yes. You can search a public records site and see there is a warrant for your arrest. Do you have an arrest warrant in Avon and Indianapolis, IN and need help? Indiana Bail Bonds can help! We have many bail services, such as weapons violation bail and arrest warrants help. Call us at 317-423-9300 to receive assistance.
What is the difference between a warrant and a bench warrant?
While both a warrant and a bench warrants allow peace officers to arrest you, they are different types of warrants. If you are suspected of a crime police can request an arrest warrant from a judge to arrest you if the police offer enough evidence to the judge to issue the warrant. Bench warrants, on the other hand, are usually issued by the judge or magistrate because you failed to appear in court at an appointed date and time.
Bench warrant vs. arrest warrant
Here is a list of basic differences between a bench warrant and an arrest warrant:
Used in both civil and criminal cases
Issued by judge when defendant does not show up for appointed court date for a prior charge.
In some cases, bench warrants are issued if a person is a no-show for jury duty.
Used in child support cases when other means of receiving payment have been unsuccessful.
Normally issued only in criminal cases.
Issued by judge when law enforcement or credible witness presents judge with sufficient evidence for probable cause.
Also issued if a grand jury indicts you for a crime.
Bench warrants are serious business. If a bench warrant has been issued, you can be held in jail until the next court appearance, but you may be able to bond out. If you need bench warrant assistance make sure to get help from Indiana Bail Bonds. Give us a call at 317-423-9300.
Bench warrant with no bond
If you arrested on a bench warrant, it’s possible you can be held in jail until your next court date. You can be bonded out of jail, but it’s very likely that not only will additional charges be made, your bail amount will be higher this time around. You may also have to forfeit your bail bond. If you had been previously charged with a felony you may be ineligible for bail.
Bench warrant example
Let’s say you have DUI charges and were bonded out of jail after agreeing to appear in court. If you fail to appear in court on your scheduled date, the judge will issue a bench warrant for your arrest.
Will I go to jail if I turn myself in for a bench warrant?
Turning yourself in on a bench warrant and making an appearance before the judge will not automatically prevent you from going to jail on failure to appear charges. In fact, before you turn yourself in you may want to arrange some way of posting bail. You can do this by talking to a bail bondsman beforehand or talking with a family member or friend who can arrange to pay the bond.
How do you get rid of a bench warrant?
To get rid of a bench warrant, you either have to turn yourself in, get stopped and arrested by the police or have an attorney make an agreement with the judge over the terms of the warrant. If you turn yourself in you need to make arrangements for posting bail on failure to appear charges. If you call the court clerk or the police beforehand, you can arrange to come in and pay bail to get the warrant released.
Can a bench warrant be dropped?
Generally, the only way for a bench warrant to be dropped is by turning yourself in and appearing before the judge. When you appear before the judge, you will still have to explain why you missed your court date in the first place. If the explanation is accepted, the court date will be rescheduled, otherwise you may be fined or taken into custody.
Can you have a warrant without knowing?
Yes, you can have a warrant without knowing it. A judge can issue a warrant at any time if probable cause merits it without you or even law enforcement knowing it until they receive the warrant. Arrest warrants for instance normally have no advance notice to prevent the suspect from fleeing.
Bench warrant to issue
If a bench warrant has been issued for your arrest, this is a serious matter. It usually means you have failed to appear in court for a prior charge. A bench warrant can also be issued if you have failed to make child support payments or fail to show up for jury duty. Although a warrant for arrest has been issued law enforcement does not normally actively search for the person, unless the offense is very serious. You can get arrested, however, at any time you have an interaction with law enforcement, including traffic stops. You can also be jailed on failure to appear charges once you are arrested on the bench warrant.
If you have been arrested on a bench warrant in Avon and Indianapolis, IN and need help bonding out, make sure to contact Indiana Bail Bonds. We are ready to help. Give us a call at 317-423-9300.
Navigating the various types of state drug charges can be a stressful and confusing challenge. There are so many questions that need answering! “How much time do you get for a drug charge?” “What drugs are felony charges?”
Today, we are going to dive into the these and other critical questions. By the end, you should have a basic understanding the different types of drug charges and their potential consequences.Let’s jump right in!
Are All Drug Charges Felonies?
Actually, most people convicted of a drug-related offense end up with a misdemeanor on their record. While these crimes are nothing to laugh at, they don’t carry as heavy penalties as felony charges. With sufficient time and good behavior, these can even be removed from your permanent record (typically).
Let’s take a deeper look at the drug charge classifications and see which carry the steepest penalties.
What are the Different Drug Charges?
While most individuals charged with a drug-related crime face possession charges, there are a variety of crime classifications. The lines dividing (relatively) minor and major crimes may be smaller than you realize. Personal criminal history also plays a role in charge severity, but we’ll talk about that later.
Types of Drug Charges
Manufacturing or Cultivation
Violation of Medical Marijuana Statutes
What are Misdemeanor Drug Charges?
Marijuana is one of the most common substances involved in Indiana drug charges. While it is considered a Schedule I substance, it typically serves as the exception to typical penalization in cases involving highly controlled substances. Individuals charged with possession or cultivation (in limited amounts) will likely be charged with a misdemeanor. Prior conviction(s), when combined with possession of a high volume of marijuana or a derivative substance may face a felony charge.
Do first time drug offenders go to jail? Not usually. Many people caught with lesser controlled substances may never see jail time (unless the amount in their possession is substantial). Minor offenses often result in simple fines or rehabilitation programs.
What Drugs are Felony Charges?
Substances classified as Schedule I (with the exception of Marijuana and related derivatives), II, or III according to Indiana state law will frequently cause a drug crime to be charged as a felony. While mitigating circumstances and lack of prior criminal history may cause some low-level felonies to be downgraded to misdemeanors, these are the exception (not the norm).
Felony Crimes May Include…
Possession, distribution, trafficking, manufacture, and/or cultivation of these heavily controlled substances.
Repeat offenses involving Schedule IV and V substances.
Offenses involving high volumes of Schedule IV and V substances.
Individuals caught trafficking (dealing) or distributing drugs often face the worse penalties. What is the jail time for selling drugs? We’ll touch on that in a little while.
Can Drug Charges Be Dropped?
Mitigating circumstances, substance scheduling, the defendant’s criminal history, and the skill of the criminal defense attorney all play a factor in whether or not charges will be dropped. For minor offenses, many courts opt for rehabilitation programs if the defendant will simply pay applicable fins and court costs. Afterwards, the charges may be dropped and the individual’s record cleaned.A criminal defense attorney will offer more thorough details.
Potential Jail Time for Drug Charges
How much time do you get for a drug charge? That ultimately depends on the classification of the crime and prior history of the defendant. If the individual was hit with drug charges while on probation (for instance), they will face a higher likelihood of significant jail time. The same can be said for the price of bail services. While pricing varies from state to state – your Indianopolis pricing won’t be the same as posting bail in Lebanon, PA – criminal penalties and bail both trend upwards for repeat offenders.
Individuals charged with misdemeanors may face up to a year of incarceration, though that may be doubled if the offense took place within 1000 yards of a school zone. Those charged with a more serious drug offense may be charged with anything from a Level 6 to a Level 2 felony. Prison terms range from six months (Level 6 min) to 30 years (Level 2 max).
Need Reliable Bail Services?
Drug charges already bring so much stress and anxiety. On top of this mess comes the concerns about pretrial trial lockup, where some defendants spend weeks or even months prior to their trial. Our team at Indiana Bail Bonds would love to help you!
With timely bail services for drug charges in Avon and Indianapolis, IN, our service allows you (or a loved one) to skip almost all pretrial jail time. That’s valuable time where you can continue earning income, meet with family, and coordinate with your defense attorney.To learn more about our local services, call 317-423-9300!
If you have had the misfortune of violating your probation, it may be a confusing system of rules to navigate. Certain behaviors or actions can be a cause of probation violations in certain states while they can differ slightly in others. It’s important to know that probation laws vary by state and are governed by state and federal laws. Indiana Code 35-38-2, in turn, establishes that the state courts have significant authority over your probation. A lot of flexibility is therby given with Indiana probation laws in creating terms or determining if there should be further punishments from a violation. Here we’ll take a look at consequences and rules if ever you have undergone a probation violation.
Probation Violation vs Parole Violation
Probation often occurs prior to incarceration or as an alternative to jail time. Parole, on the other hand, is an early release from imprisonment.
Probation Violation Examples
Not reporting to your probation officer at a scheduled time or place
Not appearing on the set date and time for your court meeting
No paying any required fines or restitution as ordered by the court
Not getting permission from your probation officer when visiting certain places, people or traveling out of state
Selling, using or possessing illegal drugs
In Indiana it can also include:
Failing a probation drug test administered by your probation officer or by the police
Failing to check in with your probation officer
Failing to attend required counseling or rehabilitation
Failing to pay fees or adequately requesting assistance for payment
Breaching home confinement requirements
Being arrested or convicted for another offense
What happens when you violate probation for the first time?
When you have a misdemeanor probation violation your parole office can be flexible on the course of action they may choose to take.
Does a probation violation mean jail?
Probation violation consequences can vary depending on your parole officer and the conditions surrounding the violation such as severity of the violation or if you’ve ever violated before. If you’ve been arrested then you’ll have an opportunity to attend a hearing to challenge allegation before a probation revocation is ordered.
Possible Consequences to Probation Violations:
Added jail time or longer probation for your previous sentence
The punishment for your original offense can be upgraded to a maximum penalty
Return to prison for the remainder of your probation
If you are allowed to remain out of jail you may be required to wear an ankle monitor
You may no longer be able to post bond for future arrests
You may be required to begin new drug rehabilitation or counseling
You may be required to more frequent check-ins or substance abuse tests
How long can they hold you in jail for probation violation?
Depending on your specific conditions and circumstances, you may or may not be held in jail for or up to the maximum term for your violation. It’s important to realize that certain cases may cause your right to a bail bond to be revoked. If you’re still eligible and in need of a probation violation bond, contact your local Bail bonds service or 24 hour emergency bail.
What happens if you miss a court date while on probation?
A bench warrant (order issued by a judge from the bench) will be issued for your arrest upon being absent from a scheduled court hearing where your appearance was required.
What happens at a probation violation hearing?
A probation violation hearing can either be condensed in one or split into two. The first hearing would involve the judge determining from probable cause whether to revoke the probation while the second determines whether the behavior or conduct really broke the probation as well as the punishment following it. Minor violations may result in more community service or more frequent check-ins with your probation officer. However, a severe violation will have harsher consequences. A hearing for a probation offense may seem like a regular criminal trial, but there is a lower standard that the prosecutor must meet to find you guilty in a probation violation. Some cases may even require you to testify yourself. Since you’ve been previously convicted for a crime, your constitutional rights do not extend to probation issues that deal with how your punishment may be altered.
It’s important to be timely and comply with your terms of probation. If you require legal advice, seek out the appropriate measures and networks as it’s better to be safe than sorry.
If you need help with probation violations in Avon and Indianapolis, IN call 317-423-9300 with Indiana Bail Bonds!
A fun night of drinking or partying can quickly turn awry if you get pulled over for driving while under the influence. Not only is it embarrassing, but dangerous, and the results of this crime will linger for the rest of your life. Lessened job opportunities, public ostracization, high fines, a suspended license, and potential jail time are often what many people face as such consequences. For DUI bail bonds help in Avon and Indianapolis, IN, call Indiana Bail Bonds at 317-423-9300 today.
Even If The Car Is Not In Motion, You Can Still Be Arrested If You Are Behind the Wheel Intoxicated
DUI Vs DWI
Everyone always seems to get the legal terminology and consequences of DWIs and DUIs mixed up. And it is easy to see why. Each state in America regulates and determines their own judicial system. For example, in some states, battery is considered a misdemeanor assault. In other states, battery is not even an option and someone is automatically charged with 3rd degree aggravated assault. The definitions of DWI and DUI also vary from state to state, though the majority agree that arrests will happen if blood alcohol content (BAC) is over 0.08.
DWI stands for “driving while intoxicated” and DUI is an acronym for “driving under the influence.” While most people correlate DUIs with drunken driving, you are more likely to get charged with a DWI for driving while inebriated. DUIs are a broader terminology that can also encompass being under the influence of illegal drugs or any other controlled substances. So, which is worse DUI or DWI? If you live in a jurisdiction that classifies the two separately, DUI is the lesser charge.
Consequences of a DUI
Stays on your driving record for 10 years
Stays on your criminal record permanently
Higher insurance bills
Substantial fine, court costs, probation and drug test fees
Drug and alcohol community counseling service
What is the Punishment for First Time DUI?
You may be wondering ‘will I go to jail for my first DUI?’ or ‘do I need a lawyer for first DUI?’ Generally, first DUI charges are considered misdemeanor offenses and only result in hefty fines and probation. In some states that only have DUIs, if you test higher than 0.08 BAC, you could be arrested. If that happens, you will need to call for DUI bail bonds. If you are in a state that has both DWIs and DUIs, the percentage of your BAC determines your charge and whether or not you will go to jail. For instance, in Texas if you have a BAC of 0.05-0.08, you will be charged with driving under the influence, which is misdemeanor. If you have 0.08 or higher, you will be charged with a criminal offense and be arrested for a DWI.
Can DUI charges be dropped? If they are a misdemeanor, then usually yes. More serious felonies often will not. If you have been arrested at a “sobriety stop”, there is a slim chance that you might be able to file an appeal under the notion that there are DUI checkpoints that are legal and not in certain states due to unlawful search and seizure from the 4th amendment.
How Long Does DWI Stay on Your Record?
If you end up getting charged with a criminal offense, then you will need a lawyer. People often ask ‘can DUI charges be dropped?’ After 10 years, the charge will be removed from your driving record, but stays on your permanent record forever. That means that potential employers can always see this, but since DUIs are a lesser charge than a DWI, it is more acceptable. If DWI is the more serious offense, that means that it surely stays on someone’s record longer than the minimum 10 years that a DUI stays on someone’s driving record. All DWIs but will count as Class B misdemeanors to felony charges, meaning that a minimum of 72 hours behind bars is required. Depending on the outcome of the case, there are loopholes called expunction that defendants may be eligible to apply for to erase the DWI from their record. Certain criteria like being pardoned or found not guilty must be proven.
Do You Need DUI Help?
Do be aware that you can get DUIs without driving! Even if the car is not turned on, but you are behind the wheel and inebriated, you can be charged with a DUI that goes on your record forever! The safest thing to do is always plan ahead. If you know you are going to be drinking, have a designated driver or plan to take a ride home. Don’t drive yourself to the drinking location in the first place as it makes you feel obligated to drive home inebriated in order to avoid towing fines. In fact, the consequences are much more severe and costly if you end up getting a DUI and will last a lifetime. For DUI bail bonds help in Avon and Indianapolis, IN, contact Indiana Bail Bonds at 317-423-9300 today.