Being arrested at a DUI checkpoint can be challenging, especially if you have never been arrested before. You will have to spend time in police custody and possibly face DUI charges in court. The key to getting through the process is following police instructions, staying calm, and posting bail to help you gain freedom as you await your trial. Here is what to do after being arrested at a DUI checkpoint in Las Vegas.
Don't Use Force
During your arrest at a DUI checkpoint, you are not entitled to resist arrest irrespective of whether your arrest is legal. If you use force, you could be prosecuted with battery on a peace officer or resisting arrest. Moreover, you could suffer severe injuries. If you're arrested without probable cause, fight the arrest in a court of law, not on the road or streets.
What Takes Place After Your DUI Arrest?
After your arrest, you'll be taken to police custody.
First, you'll be booked, and the police will collect your personal information. Moreover, the police will take your fingerprints and photos and conduct your background check. Typically, the process might take a few minutes or hours, depending primarily on how many other arrestees are waiting.
Next, you will be arraigned in court. Arraignment means the initial court hearing that you should attend after your arrest. You can only be arraigned if the prosecution team brings a charge against you. During the arraignment, the judge will read you the DUI charges, and you'll be asked to accept a plea. It is wise to attend the hearing after consulting your criminal defense attorney.
Moreover, the court can release the defendant on their own recognizance. It means they have promised the court that they will attend all court hearings.
In case a defendant has not been released on OR, they should post bail. Bail means the amount the defendant pays to the court guarantees that they will appear in every court hearing. The court holds the money until the court hearings are over. After the case is closed, the money is refunded to the company or individual who posted it.
The judge determines the total bail amount you should post. Usually, the judge uses the following factors:
- Your criminal records
- The duration of residence in the community
- Are you a flight risk?
- The seriousness of the DUI charge
Can You Get Your DUI Charges Reduced?
Any criminal defense attorney should be able to request a bail hearing. During the bail hearing, both sides will present their arguments and evidence. You will argue towards eliminating or reducing bail while the prosecutor will work to increase or maintain your bail amount.
The most effective method to win the bail hearing is proving that you are not a flight risk and a threat to the community. You can establish this by introducing evidence of the following:
- You have never failed to show up in court.
- You have no criminal record
- You have strong ties to your community
- You don't have immigration issues
- You are willing to put on a GPS tracker or surrender your passport
The judge makes the ultimate decision. If the judge remains firm, you can request another bail hearing as your case proceeds.
How to Post Bail
One of the methods of posting bail is using your money. The entire bail amount should be paid to the jurisdiction holding you.
If you can't afford to pay the cash bail, consider speaking with a bail bond agent who can post the bond. Per Nevada law, the bail bonds firm should not charge you more than fifteen percent of your total bail amount. That means if your bail is set at one thousand dollars, the fees to bail out is one hundred and fifty dollars.
Hiring a bondsman is simple. All you need is contacting the company with:
- Your loved one's name
- The jurisdiction holding them
Then the agency will find the accused in jail, contact the jail to confirm the bail amount, complete the required paperwork, and then post the bail on your behalf.
Take Note of the Court Hearing Dates
As previously stated, in exchange for not staying in custody, defendants must appear in court for future hearings. Failure to appear at a specific place, date, and time might delay the underlying DUI charges from being resolved. Failure to appear is punishable by the following maximum penalties:
- A fine of five thousand dollars
- A four-year sentence in state prison
Moreover, it carries the following additional penalties:
- The court will issue a bench warrant for your arrest. You could be arrested and taken to court
- Sometimes, the judge could hold you in contempt. It attracts an additional sentence and fines
- The district attorney might bring another criminal charge against you
Once you miss the court hearing, you have thirty days to surrender yourself to avoid being prosecuted with failure to appear. However, if you turn yourself to the police, the law enforcers will detain you until your case gets to the court again.
Adhere to Your Bail Conditions
When released on bail in Nevada, the law requires you to comply with the bail terms and conditions. Otherwise, the court might order that you be re-arrested as your DUI case proceeds. Also, the court will keep your bail for good (bail forfeiture).
If you are released on bail, and the court revokes it, the bail bond agent will not get a refund from the court. In other words, the agency will take the collateral used to secure the bail bond.
If you require the terms and conditions modified, it is essential to request that the court make a change.
Invoke Your Constitutional Rights
You have both the right to a defense lawyer and the right to remain silent. You can invoke your rights by saying, "I wish to talk to my attorney," or "I do not want to speak." After invoking the right, remain silent. Remember, anything you say or do can be used against you in a court of law. You could tell the police officers your essential information like your name or address. Police are skilled in teasing out incriminating details, hoping to get information that can strengthen their case.
Also, do not talk to your loved ones about the DUI case.
Find a Las Vegas Bail Bond Company Near Me
You may have heard that you can’t be released from police custody without posting bail. While that is true, when you cannot afford the entire bail amount set, Express Bail Bonds steps in to help you get back home and ease you from the stress that comes with confinement. We are experienced and knowledgeable in the legal system in Nevada. If you are arrested at a DUI checkpoint in Las Vegas, get in touch with us immediately at 702-633-2245 to explore the various options of bailing you out.