Bail or Bond Related Offenses

Arrested In New Orleans? — New Orleans Criminal Attorney

Arrested in New Orleans

 

Elizabeth B. Carpenter, Esq. — Criminal Attorney New Orleans

 

If you or a loved one has been arrested while visiting New Orleans, you need a New Orleans Criminal Defense Attorney to help you get out of jail.  This is especially true for individuals who are from another state because most commercial bondsman will not offer bonds to people who do not have significant ties to the community.

Let Me Help You!

Please contact my office at 504-599-5955!

You may also call or text my cell at 504-621-1931.

It is important to get an experienced Criminal Defense Attorney involved in a case as soon as possible.  An good attorney can:

  • Make sure that a bond is set in a timely manner.
  • Move the  Court to reduce a bond that has been set too high.
  • Recommend a Commercial Surety/Bondsman.
  • Move the Court to release the defendant on his own Recognizance.

 

Types of Bond in Louisiana:

 

1)  Recognizance - when an accused is released on recognizance (ROR ), he or she promises to the court to attend all required judicial proceedings.  A monetary amount is set by the court, but is not paid by the defendant.  This is also called an unsecured appearance bond or release on one’s own recognizance.

2) Commercial Surety Bond - a bail bondsman agrees to post the bond to guarantee that the accused will return to court.  This service is provided commercially by the bail bondsman in exchange for payment of 13% of the bail amount.  The bondsman keeps this money regardless of whether the defendant appears in court — it is non-refundable.

3) Property Bond - the accused or a person acting on his behalf posts real property having equity at least equal to the amount of the bail. If the accused fails to appear for trial the state can levy or institute foreclosure proceedings against the property to recover the bail.

4) Cash Bond – the total amount of bail is posted in cash with the court. If the accused does not appear as instructed, the cash bond is forfeited and a bench warrant is issued. If the defendant shows up for their scheduled court appearances, the cash is returned to the person who posted the bond at the conclusion of the case.  Anyone including the defendant can post a cash bond. If the defendant posts his own bond, the Court will deduct fines and costs from the bond before returning any balance.

5) Personal Surety Bond (PSBU) - This is a signature bond by someone other than the defendant (usually a family member) who pledges the full amount of the bond. Typically a hearing is held where the third party guarantees to the court that they will pay the forfeited bond if a defendant fails to appear for their scheduled court appearances.  The person must establish that they have sufficient assets to cover the bond amount should the defendant forfeit the bond by failing to appear at court. If the bond is forfeited, the court can demand the amount of the bond from the signer of the bond.

 

 Criminal Defense Attorney, Elizabeth B. Carpenter, is here to help you navigate through the process of posting bond for a friend or loved one!

 

 

Jumping Bail — Louisiana

Louisiana Criminal Defense Attorney

 

Elizabeth B. Carpenter, Esq. – Serving Orleans, St. John, Jefferson, St. Bernard, St. Tammany, St. Charles and Plaquemines Parishes!

Jumping Bail — La R.S. 14:110.1

Jumping bail is the intentional failure to appear at the date, time, and place as ordered by the court before which the defendant’s case is pending. If the state proves notice has been given to the defendant as set forth in Code of Criminal Procedure Articles 322 and 344, a rebuttable presumption of notice shall apply, and the burden of proof shifts to the defendant to show that he did not receive notice.  The fact that no loss shall result to any surety or bondsman is immaterial.

 

Penalties

Whoever commits the crime of jumping bail when the bail is to assure the presence of the defendant for those cases defined as misdemeanors in the Uniform Controlled Dangerous Substances Law shall be imprisoned for not more than 6 months, or fined not more than $500 hundred dollars, or both.

Whoever commits the crime of jumping bail when the bail is to assure the presence of the defendant for those cases defined as felonies in the Uniform Controlled Dangerous Substances Law shall be imprisoned at hard labor for not more than 2 years.

 

Elizabeth B. Carpenter, Esq. – Contact us to schedule a consultation!