The holidays are time for family. The last thing you want to do is to spend your holiday in jail. One of the most important factors in determining if the judge will set a bail on you is how often you default. The purpose of bail is to encourage a person to show up in court. Therefore, if you have a lot of defaults or fail to show up to court when you are supposed to, it is more likely that you will be held on bail.
Just because you have a warrant on a case doesn’t mean that the judge will automatically set bail. As not all warrants are created equal or viewed in the same way. There are two types of warrants on cases. First, there are default warrants. A default is entered when a person fails to show up to court when they have notice of court date. When a person defaults the court will send out a default warrant.
The second type of warrant is known as a straight warrant. In the situation of a straight warrant, the defendant has not gotten notice of the court date. This usually happens because the court was unable to reach the defendant with a letter regarding his or her court date.
Most if not all judges view straight warrants in a more favorable way than default warrants. It really makes sense if you think about the differences. The court assumes that you didn’t know your court date when it issues a straight warrant and assumes you did get notice when it issues a default warrant.
Essentially, the court views that it is your fault for defaulting on a case and that will increase the likelihood of bail being set. Verses in the situation where you have a straight warrant, the court assumes you didn’t know therefore it isn’t your fault for not showing up. In the situation of a straight warrant, the court is less likely to place a bail on you just because you have a warrant.
For more information: visit http://www.attorneychan.com or contact me at 508-808-8902