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Getting arrested in Gaston County

 
 
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The facts surrounding a particular arrest are important.  It is also important to understand the arrest process, and what happens after.  Depending on the charges, clients behavior, and the availability of a magistrate will dictate the process.  The progression at the police station and in front of the magistrate judge is important to scrutinize because there are procedures in place that must be followed.

 
 

Talking To The Police:

The police are trained to elicit incriminating information from a suspect.  Talking to the police about your situation might ultimately be a good idea, but you need to consult an attorney about that course of action.  From the beginning, it is your right to remain silent.  Talking to others in the jail, friends, family, or anyone is a risk because they might try and offer the government information.  Also, you do not want to have these people potentially called as witnesses, giving the government potentially more ammo for their case against you.

 

The Police Station:

It should come to no surprise that if you end up in the back of a police car, you’re going to be sent to the police station.  An individual is brought into the police station if they were arrested based on probable cause or if there was already an arrest or warrant issued for that individual. 

 

Phone: (980) 613-4849

Email: TJP@charlottelawoffices.com

Location:

615 South College Street 9th Floor
Charlotte, NC 28202

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Magistrate Judge

The magistrate judge has the authority to officially charge the individual with the crimes the police officer allege that has transpired.  After the police officer brings the person into the station, he or she provides the facts to the judge about why the person was arrested.  The judge then applies the law and decides if they believe there is enough probable cause to justify the arrest, charge a crime, and issue a warrant.

How does the Magistrate determine bail amount:

  1. Nature of charges
  2. Strength of evidence
  3. Ties to the community
  4. Length of time in the community
  5. History with the court
  6. Criminal history

 

 

Bond Hearing

The 8th Amendment of the U.S. Constitution and Article 1, Section 27 of the N.C.G.S. state that “excessive bail shall not be required.” This is the first step for an attorney; to argue that your factors are not as serious based on the situation and the facts and that your bond should be lowered. The court will also be interested to hear persuasive information for why the defendant will appear (not a flight risk) AND why he or she is not a danger to the community. 

Per NC statute, there will be no bond given for:

  • Drug trafficking
  • Gang Activity
  • Firearms (Felony or A1 Misdemeanor) (5 year previous firearm charge)
  • Methamphetamines

Secured bond:

A secured bond means that you have to pay the bond in order to be released.   If the defendant fails to appear, that money will be forfeited to the state.  If the defendant does appear, that money will be returned upon the completion of the case.  If you hire a bail bondsman, that bail bondsman will likely charge you (10%-20%) and will put up the rest on your behalf.  After this conclusion of the case, because the bail bondsman put up the money, he or she will likely not return your payment.

Unsecured bond:

The judge may set an unsecured bond and usually does for charges that are not as serious.  This means that you are not responsible for paying the bond unless you fail to appear for court.  If you do fail to appear for court, there will be a money judgment in the amount that the unsecured bond was.  If you are then thereafter arrested, you will be responsible for paying that money judgement in order to leave jail.

 

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