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Dec 6, 2019

Bail Conditions at Arraignment

Bail Conditions at Arraignment

A brief explanation of some of the options a judge has when setting the bail conditions.

Today’s topic of discussion concerns bail conditions on a criminal offense. What can or what can’t a judge take away or restrict as part of your bail conditions. Regardless of the offense, if it involves the use of alcohol or drugs there will probably be some type of random search, seizure and testing component for either random for either alcohol or drugs. Furthermore, those searches can be done randomly and without artipicule suspension. Typically, on a first offense drug charge or first offense drunk driving charge those conditions may be able to be modified. However, if this is a subsequence offense, drunk driving charge or this is a more serious drug offense then in all likelihood, you will be stuck with those conditions. In addition, a judge or bail commissioner can assign cash bail, which means that in order to get out of jail, you have to post some type of cash bail. It can be anywhere from $100 to $100,000 depending on the nature and severity of the crime. A frequent question I get asked and it comes up, can the judge restrict my travel? It is extremely rare to see any type of travel restrictions as part of bail conditions. If you are thought to be that much of a flight risk in all likelihood, it is going to be a high cash bail. However, today ironically, I was in court and I saw a prosecutor ask for a criminal defendant to turn in their passport because he thought that individual, based on their prior criminal history and the severity of the new offense, was likely to flee the country and never come back. So while that is extremely unusual it is possible. So for your travel to be restricted, either outside of the state of Maine or outside of the country, if you have been charged with any criminal offense, drunk driving, drug charges, arson, burglary, any type of a criminal offense and you are going to be going before a judge to have bail set, you absolutely need an attorney there to advise you and to argue for the least restricted bail conditions. Any questions please c0ntact our office today.We look forward to speaking with you soon.

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