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Gregg J. Stark Indianapolis DUI Attorney Gregg J. Stark Indianapolis DUI Attorney

Judicial Action To Allow For Arrest Release

One compelling issue of criminal procedure, especially for the individuals affected, has been how to prompt judicial action following an arrest or when courts are not in session.

This subject usually becomes a focal point of discussion when addressing the issue of how to get a loved one home as soon as possible from jail after arrest, apprehension and detention. Depending upon the Indiana county, this ability to secure such an individual’s release is not always consistent.

In terms of “processing” procedure following a dui arrest, courts within Indiana are markedly different in terms of how much time will typically elapse prior to the time that an individual is actually able to be released.

For example, once a bail bond has been arranged that legally allows for an arrested individual’s release from jail pending attendance at future court hearings, such individual may still be prevented from release due to the term, “processing.”

Processing is the term used for law enforcement to acquire all identifiable information on a given arrested subject. Reaching beyond merely the acquisition of fingerprints, one goal of processing is to ensure that an individual has no “holds” placed upon the person from another county or state jurisdiction. If a criminal case is pending against the same individual, such a search result may call for a bond revocation within the other case proceedings, and/or apprehension and delivery to another legal jurisdiction of the individual in the event of a pending arrest warrant elsewhere.

Such time delays can prove exceedingly frustrating for a spouse or parent of one who believes that the posting of bond will always necessarily lead to the imminent release of the cared for individual. Although certainly the posting of bond can in fact lead to the prompt release of an arrested individual soon thereafter, the volume of arrested subjects within a given jurisdiction in Indiana can prevent such a release for many hours.

Further, arrests occurring on friday evenings and/or weekends can prove problematic for good people seeking a prompt judicial order that can best facilitate getting one cared for released from incarceration in other circumstances.

For example, there are instances where an individual may have been arrested incorrectly due to improper information fed to a patrolman, or perhaps the existence of an active arrest warrant that was never correctly removed.

Even attorneys who have been asked to address what to do in such a circumstance are confused as to what to do when confronted with the issue. In fact, on too many occasions I have had to take remedial action to correct the notion that judicial action must wait until a Monday court session to correct the presence of even a wrongfully active arrest warrant.

Once again, such weekend judicial procedure to spur needed corrective action when court is not in session can vary. However, general principals apply that emphasize the importance of experience in knowing what steps to take in securing an individual’s release in such unfortunate circumstances.

In each legal jurisdiction prosecutors and judges must remain active and available to attend to ongoing legal concerns presented to them in real time. In other words, arrests do not cease come weekend time periods.

During this time, although technically out of session, judicial officers will be needed to make rulings as to various legal issues. Most usually those with weekend judicial authority are requested by prosecutors for findings of probable cause. Such findings allow for many different forms of authorized police action from the lawful arrest of a given individual to the authorization to search for incriminating evidence likely to be uncovered.

Consequently, experienced defense lawyers know how to access these individuals should a given situation dictate, even when court is not in session or over the course of a weekend.

Although undoubtedly stressful and never a welcomed experience, an understanding as to how to take legal action on behalf of a client when a court is not technically in session can be a most rewarding undertaking.

On point in relation to this subject, a spouse recently contacted me in regard to a wife who had been arrested incorrectly. Not only did the arrest occur on a Friday evening, but a holiday weekend with no court session the following Monday.

The panicked husband was told both by lawyers as well as bondsmen that nothing could be done to correct the arrest order until the judge returned for his court session at earliest the following Tuesday morning.

Fortunately, contact was ultimately made with me and I was able to help secure his wife’s release.

The release was secured in the following manner and can prove instructive to attorneys as to the procedural process to be undertaken in such a circumstance.

Step One. Identify the assigned prosecutor on weekend duty within the county jurisdiction. Without a personal relationship and/or contact information for such an individual, making needed contact can prove challenging. On such occasions I would advise that contact be made with the county law enforcement agency. From there identify oneself as an attorney available to provide whatever bar information is needed. Thereafter, disclose a phone number where you as the retained attorney can be reached by the attending prosecutor that weekend.

Step Two. Assuming that the above referenced identification and contact can be made with the attending weekend prosecutor, disclose the circumstances of the legal matter needing immediate need of attention. Understand that persuasion may be needed to prompt his or her agreement to help facilitate the immediate judicial order desired.

If successful in securing an agreement, forward the terms of a proposed order to the prosecutor’s attention so as to bring before the weekend judicial officer for an immediate ruling. In the case in question, my goal was to have an immediate order to vacate the arrest warrant that had been issued with a directive for immediate release.

Working together with a prosecutor I have worked with for many years, the order in question was scanned online immediately to the prosecutor for approval who promptly forwarded it through email to the weekend judicial officer. Within an hour, the order of release was able to be received at the jail so as to allow for the wife’s release.

Experience and understanding of each field of legal endeavor is critical as to what can be accomplished on behalf of one in need of the most capable legal assistance. As a result, please be sure to contact an attorney who concentrates a legal practice within a particular field of law before concluding that a given legal situation is without hope.

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