Posting Bail For Dui In Queens
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Best Case. If you have been pulled over for allegedly driving under the influence, the best-case scenario you could hope for is that the officer(s) failed to gather enough evidence against you or made procedural, technical, or constitutional mistakes before, during or following your arrest.
Your New York bail lawyer will counter the prosecutor's arguments by giving reasons that you should be released without having to post bail (ROR), or that you should have to post a low bail. Ultimately, the judge will decide whether or not bail is required and if so, the amount.
The prosecution must present enough lawful evidence to establish each element of the charged offense. If there is a lack of adequate evidence, the court may choose to dismiss the charges.
The decision to post bail for someone should not be taken lightly. Financially, you risk losing the bail amount or collateral if the defendant fails to appear in court. Legally, the defendant's absence can lead to arrest warrants and additional charges, complicating their legal situation further.
Best-case scenario: Release within 30 minutes to 2 hours after posting bail during regular business hours. More typical scenario: Release within 4-8 hours, especially during off-peak hours or weekends. Worst-case scenario: Release could be delayed for 24 hours or more in complex cases or due to logistical hurdles.
Bail information is considered public record in the State of California, meaning that anyone (not only defendants themselves) can request this info. The details can be accessed via the Public Access to Court Electronic Records (PACER) system or the Criminal Intake Section.
