The answer to this question is generally yes. The second question that often follows is how much is bond? The decision to bond an individual after an OWI/DUI or drug charge requires an understanding of the process. The decision to stay in jail for 24 hours may save a person thousands in bond fees.
In Iowa a criminal defendant has a right to see a judge or magistrate within 24 hours of arrest. A judge has three options at the time of initial appearance 1) place a bond 2) release on own recognizance or 3) release with supervision to the department of corrections. The judge will release the vast majority criminal defendants on their own recognizance. A small number will be released to the department of correctional services. The remainder will held in jail pending a bond. Charges which often result in bonds include OWI/DUI 2nd offense, OWI/DUI 3rd Offense, Possession of Marijuana with Intent to Deliver or other drugs, Assaults Causing Injury, Domestic Assaults etc.
A bond is an amount of money required by the court to secure a criminal defendant’s appearance in future court dates. Bonds can be set as cash or surety. A cash bond is exactly what it sounds like cash. A surety bond is generally posted by bonds company like Lederman. A surety bond generally requires the accused to post 10% and the bond company guaranteeing the remainder. For example, a defendant charged with two felony drug charges would likely have a $10,000 dollar cash only bond. The defendant, family, or friends would need to post $1000.00 to the bond company. The bond company would then execute paper work and secure the defendants release. At the conclusion of the case the bond company would retain 10% as its fee.
In the event a person is held with a cash only bond or surety bond it may financial benefit the individual to wait in jail for an informal bond review. An informal bond review allows criminal defense lawyers J. Dean Keegan or Thomas D. Farnsworth to have a hearing within in 24 hours Monday thru Friday. Informal bond review occur in the morning in Johnson County. Prior to the hearing Attorneys Farnsworth or Keegan conduct interviews with the defendant and or the defendant’s family to gain information which may be used to argue for release.
Recently Attorney Farnsworth was able to secure, through an informal bond review, an accused marijuana dealer from jail even though the court set bond at $10,000 cash only. The hearing prevented the family from tying up money which could be used to defend the case. Ultimately family and friends must determine if a few additional hours in jail is worth the thousands of dollars to bond an individual out.
No one criminal case is the same. It is important to seek a competent defense lawyer who understands the criminal and drivers license administrative issues. J. Dean Keegan and Thomas D. Farnsworth offer free consultations to inform the accused of potential issues in their case. This blog is not intended as legal advice. If you find yourself in a similar situation to the blog article above please contact Attorney J. Dean Keegan or Thomas D. S. Farnsworth at our Iowa City or Cedar Rapids office for a free consultation