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Unlike what you see on television, and what you may read about the process of bail and bond, it is a relatively simple matter.
When you have been arrested for DWI, you are taken to the station, put through the rig-a-marole of being booked and are then held until a bail bondsperson comes to set your bail.
Once the bail bondsperson arrives, an officer explains the charge, and makes recommendations to the bail bondsmen based on your priors, behavior, level of sobriety, the nature of offense, and finally any defaults or outstanding warrants. The bail bondsperson uses all this information to (subjectively) determine the amount of bail. It is in your best interest to be courteous, polite and respectful while in custody, as the police and bail bondsperson work together in determining your bail.
Most people are released on personal recognizance. They pay the bail bondsperson a minimum of $40, in the form of cash only, and then bail is set. Depending on the nature of the offense, the amount of bail can range from a few hundred bucks to thousands of dollars.
When you are released on personal recognizance, the bail bondsperson will explain the arraignment schedule and the terms of bail. If you violate the terms or fail to show up for your court date, you will owe the full amount of bail.
It is very important to understand that from the time of the arrest clear through the completion of trial, you are bound by the terms of your bail. Contrary to popular belief, bail does not only apply to appearing in court. Part of the terms of release state that you must stay out of trouble, and not break any laws, as well as any other stipulations set forth by the bondsperson or the court. Keep in mind that in New Hampshire, the state needs only to prove bad behavior that is in violation of law by preponderance of evidence.
If there are concerns about whether or not you will appear at your court date or if there is an issue of safety to self or community than bail can be set in the amount of cash, or cash and surety. When this is the case, you will be required to put up cash and property equaling the amount of the bail.
In cases where there has been a fatality or homicide, you will be held until a judge sets bail. The judge decides if you are eligible for release, sets the amount of bail, and defines the stipulations regarding bail based on New Hampshire statute 597:2.
If you are impaired, you will not be released unless someone sober comes to get you. Many people call the same friends with whom they were drinking to come and get them from jail. These drunken friends can be, and are, arrested on the spot. If you can’t be released to a sober individual, you are held in protective custody until you sober up and can walk home.
Once arrested for DWI your behavior can have a large impact on the amount of bail set, and whether or not you are eligible for release on personal recognizance. As angry or humiliated as you may be, it will only help matters if you present your best face, and continue your good behavior until the matter is completely resolved.
NH DWI Attorney Ryan Russman is a tireless defender of individuals arrested for DWI or drunk driving in New Hampshire. Learn more about his practice at http://www.RussmanLaw.com. If you are seeking a Portsmouth, NH DWI Attorney or an Exeter, NH DWI Attorney, contact Russman Law Offices for a free consultation.
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