Sooner or later, almost everyone gets an emergency call from a local jail. Since the person on the other end of the line is counting on you, it is important to be familiar with the local jail release procedure.
Orange County has one of the highest jail populations in Florida. So, without an immediate advocate, inmates quickly get lost in the shuffle. This immediate advocate must know the available options and the pros and cons of each one.
Long-term advocacy is important as well. Without such advocacy, many defendants will end up back in jail. This time, bond or other pretrial release won’t be an option.
That long-term advocate needs to be a private Orlando criminal defense lawyer. “Free” public interest lawyers, like public defenders and court-appointed lawyers, are only available in limited situations. A private lawyer, on the other hand, is always available and is always fully committed to individual rights.
Initial Release from Jail
Since Orange County has such a high inmate population, as mentioned above, several release possibilities are usually available. These major options are:
- Pretrial Release: Defendants with clean criminal records who face nonviolent misdemeanor charges are often eligible for OR (own recognizance) release. If the defendant pays a small fee and abides by some basic release conditions, the defendant is free until the case is resolved.
- Cash Bail: Very few people are eligible for OR release, but almost everyone is eligible for cash bail release. If the defendant posts the entire bond amount in cash, the sheriff releases the defendant before trial. Usually, the defendant gets most of that money back when the case is resolved.
- Bail Bond: Financially, a bail bond is basically a hybrid between pretrial release and cash bail. A nonrefundable 10% to 20% bail bond acts as an insurance premium. If the defendant violates release conditions, the bonding company bears the financial risk.
Common conditions of release include remaining in the county, staying away from witnesses, and working and/or attending school full time. Offense-specific conditions, such as an ignition interlock device in a DUI, are common as well.
If bail is initially too high or too restrictive, an Orlando criminal defense lawyer can go to court and get the amount reduced or conditions modified.
Even if bail is initially high and restrictive, immediate release is very important to the case. Defendants who remain behind bars cannot meaningfully participate in their own defenses. Furthermore, defendants in these situations often accept unfavorable plea bargain arrangements out of desperation.
Finding the Right Orlando Criminal Defense Lawyer
Jail release is only part one of the release process. Unless the defendant partners with a good lawyer, the defendant will most likely go back to jail when the case is resolved.
A defense lawyer must fully develop all procedural, substantive, and affirmative defenses. Then, an attorney usually leverages these defenses during plea negotiations to secure the best possible resolution.
This resolution often includes probation. Probation conditions are similar to jail release conditions in many respects. Most people cannot serve more than a month or two without violating at least one condition in at least some way.
An ongoing partnership with a lawyer is essential in these situations. Frequently, a lawyer runs interference with officials and convinces them to continue the defendant on probation. Additionally, post-trial relief often includes record sealing or expungement in many cases.
Reach Out to a Dedicated Orange County Lawyer
Immediate jail release jumpstarts a successful criminal defense. For a confidential consultation with an experienced criminal defense lawyer in Orlando, contact HAWM Law PLLC. The sooner you reach out to us, the sooner we start working for you.