Don’t Be a Fugitive From Justice
News stories about fugitives are exhilarating, and fictional stories about them are doubly so. Depending on how the storyteller presents the events, you might put yourself in the place of the police pursuing the fugitive, or you might put yourself in the place of the fugitive, knowing that he is innocent or that, even if the charges technically apply, he is being unfairly prosecuted. When people fail to appear for criminal court appearances, though, it is usually for more mundane reasons than the dramatic circumstances that could form the plot of a successful action movie. Think about the last time a bill arrived in the mail, and you stashed it in the mail drawer and told yourself that you would pay it when your paycheck came in, but one pay period after another went by, and you never had enough money left after paying your rent and utilities to make room for the portion of your dental visit that your insurance didn’t cover. Avoidance of unpleasant situations is a natural human response. How many holidays have gone by while you have meant to talk to your siblings about your parents’ obvious signs of aging, but you have always put it off until the next holiday? Unfortunately, the consequences of procrastinating interactions with the criminal justice are more severe and swifter than the consequences of procrastinating almost anything else. Here, our Miami criminal defense lawyer explains why it is in your interest to face your fears by meeting with a lawyer and deciding the best course of action.
What Happens When You Post Bail?
The time between an arrest and the resolution of your case, whether through a conviction and sentence, an acquittal, or the state dropping the charges, feels like a world of contradictions. The 13th Amendment says that you cannot be incarcerated except as a punishment for a crime, and yet the state can keep you in jail while the case is pending. If the state lets you post bail, then you are free but not free.
When you post bail, you are promising the court that you will appear for the next scheduled appearances in your case. The Eighth Amendment to the Constitution prohibits excessive bail, but the law does not set bail amount guidelines the way it sets sentencing guidelines, for example. Judges can decide bail amounts on a case-by-case basis.
In most cases, you can post the entire bail amount in cash or you can purchase a bail bond. When you do this, you pay a percentage of the bail amount to the bail bond company, and it pays the full bail amount to the court. If you return for all your court appearances as ordered, the court refunds the bail money when your case concludes. Decisions about bail can be controversial. Even though all defendants are innocent until proven guilty at trial or until they enter a guilty plea, people in the community might believe that a defendant charged with murder is too dangerous to be free until his or her trial. Criminal justice reform advocates argue that the cash bail system is unfairly burdensome to less wealthy defendants. Most people cannot afford to post $100,000 in bail, but millionaires can, so whether you spend the pretrial phase of your case behind bars or at home can depend on your financial circumstances at the time of your arrest.
What Happens When You Don’t Return for Your Court Appearance?
If you do not return to court when scheduled after posting bail, things get worse. Your original charges still apply, but you can face charges for additional crimes, such as obstruction of justice. You are still innocent of your original charges, and of the charges related to fleeing from justice, until proven guilty. When you do not appear for your court appearance, the court will issue a warrant for your arrest.
In 2022, a Tampa man caused a car accident where two of the occupants of the car he hit died, and the third suffered permanent injuries. He was arrested on suspicion of DUI manslaughter, and he paid the bail amount that the court set for him. He did not return for his court appearance, though, and now he is considered a fugitive.
Contact Our Criminal Defense Attorneys
A South Florida criminal defense lawyer can help you go free on bail while your criminal case is pending and develop strong defenses to present at your trial. Contact Ratzan & Faccidomo in Miami, Florida for a confidential consultation about your case.
Source:
people.com/fugitive-ex-deputy-vanishes-after-fatal-dui-crash-11758060
