Bail Process In Rock Hill
Everybody has the right to the bail process, but the court has discretion to set the amounts, including no bail allowed, because you are too much of a danger to the community, or a flight risk for not returning to court in order to face your charges. Requesting bail usually happens within a day or two of being arrested. Here in Rock Hill, you will see a magistrate at the detention center, or jail facility, and that person will review the charges, and review a bit of your history, or whatever information he has available on you.
Bail Process in Rock Hill
If you have retained a Rock Hill criminal defense attorney, that attorney can appear and argue on your behalf to get the lowest and most reasonable bail amount, so they can get you out and help you continue living your life, and participate in your own defenses while awaiting time for your case to proceed. If you are denied bail, or are unable to make bail, you will have to stay in jail until a certain amount of time has passed. That certain amount of time varies from person to person, and case to case. If you are denied bail, you stay until trial is completed, or you get a new bail hearing where bail is granted.
The purpose of bail is to allow you to continue living your life outside of jail after an arrest. Your incentive to return to court, and do everything that you are supposed to do, is the return of the bail money that was put up in your defense to begin with.
What to Expect After Getting Out Of Jail
Assuming that you are bonded or bailed out of jail, what will happen next is a regular process within the general session’s court. You will have a first appearance known as a roll call, where you will show up and let them know, “Hello, I am here”. You will let the solicitor, the person who conducts the hearing, know whether or not you have an attorney, need one, or plan to represent yourself. If you do have an attorney, they will instruct you to make sure that you have your attorney contact the solicitor’s office so that everybody can start working on this case together. If you need an attorney, you will be directed to see the public defender, or the clerk’s office, and sign up for a public defender.
Not everybody qualifies for a public defender, because it is need based. There is an application that you have to fill out, and usually a fee is needed. If you do qualify, you will be assigned an attorney, free of charge, which is paid by the state. If you do not qualify, then you have either to find yourself an attorney, or represent yourself. The third option in the roll call is to claim you are representing yourself. Then you will get in contact with the solicitor who discusses your case, and what, if any, plea deal can be expected. If you are wholly responsible for representing yourself, at that point, you must follow the law, work on your own case, and decide whether you wish to take a plea deal or go to trial, and follow all steps necessary to defend yourself.
After that, you have a second appearance. That second appearance is where you enter your plea by your attorney, or you do so in person. You enter a, not guilty, guilty or nolo contendere (no contest) plea, which is functionally the same as a guilty plea, but limits any civil liabilities. The only time that there is a step after that is if you have plead not guilty, because if you do, then you are requesting a trial. From there, it proceeds to litigation. This is where an ongoing investigation begins to gather all pertinent information to proceed to trial. It could be anywhere from a few months to a couple of years for this process.