How can I get a member of my family into drug rehab in North Carolina?

It’s never easy to send a loved one to treatment. When you stage an intervention and ask a loved one to attend treatment, it signifies the person is either oblivious of a substance misuse problem or is aware but has thus far refused or failed to seek help. Although the experience is usually distressing and emotional, an addicted individual is unlikely to be able to stop taking the substance or function normally in society without treatment.

When Is It Necessary to Seek Assistance?

The first step is to recognize that you have an addiction. According to the National Survey on Drug Use and Health conducted by the Drug Abuse and Mental Health Services Administration (SAMHSA), 23.5 million people aged 12 and older in the United States were assessed to be in need of substance abuse treatment in 2009. Addiction is a mental condition that can affect anyone, regardless of age, gender, ethnicity, or financial circumstances.

The majority of persons who get addicted to a substance are either unaware of or deny that they have a problem. Addiction usually develops over time, either with substance abuse or, in the case of legally prescribed medications, long-term use. Even those who strictly adhere to dosage guidelines can get addicted to habit-forming drugs, but this is a rare occurrence. Regular substance usage can develop to tolerance, which means that more and more of the substance is required to achieve the same effect.

As time passes, it becomes increasingly likely that dependency may develop. Addiction occurs in both physical and psychological manifestations for most substances and alcohol. Physical addiction refers to the changes that occur in the user’s body and mind to tolerate the presence of a foreign substance on a regular basis. When drug intake is drastically reduced or stopped entirely, this facet of addiction causes withdrawal symptoms. These symptoms are often unpleasant – to the point that the idea of withdrawal can discourage someone from trying to quit – and they can even be hazardous.

Psychological addiction refers to the emotional side of addiction. It is characterized by psychological cravings and a general sense that the substance is required to get through the day. Emotional suffering, such as anxiety and sadness, will result from a lack of or expected lack of access to the substance.

Addiction Symptoms

It’s easy to recognize the indications of addiction once you understand addiction. The following are some of the most common indications of a substance abuse problem:

  1. Alterations in the social circle
  2. Hygiene and grooming habits have changed.
  3. Changes in one’s capacity to balance work, education, and family obligations
  4. Keeping away from circumstances where the material is unlikely to be available.
  5. Preoccupation with how, when, and where to obtain and consume the material
  6. When you quit taking the medication, you will experience unpleasant symptoms.
  7. When the substance isn’t available, anxiety and disquiet arise.
  8. Inability to give up the drug despite negative social, economical, and legal implications

Any of these indications could indicate a substance misuse problem, but they don’t always indicate addiction. Determining whether or not to intervene in a person’s drug or alcohol use is a judgment decision that may necessitate a second view from other family members or health professionals.

Fortunately, there is a standard method for facing an addicted loved one and getting them into a treatment facility. Addiction treatment centers will make preparations for newcomers so that they can be admitted as soon as they accept treatment. However, this means that anyone considering sending a recalcitrant family member to rehab will need to plan ahead.

What is the Best Way to Find a Rehab Program?
There are nearly 14,500 specialist addiction treatment institutions in the United States alone, according to the National Institute on Drug Abuse.

The majority of them deal with a variety of substance addictions and provide services such as:

  1. Detoxification under medical supervision
  2. Rehabilitation can be done both inpatient and outpatient.
  3. Behavioral therapy is a type of counseling that focuses on
  4. Counseling for individuals and groups
  5. Addiction treatment with medication
  6. Management of the case
  7. Peer-to-peer support
  8. Coping education and training after treatment

The best treatment center for each person is determined by the severity of the problem, the drug to which the person is addicted, the individual’s or family’s financial condition, proximity to home and transportation concerns, and a variety of other variables. There are a variety of directories that may be utilized to find addiction treatment programs and specialists in your area.

Residential addiction treatment, according to most specialists, is the most successful. This entails spending several weeks in a specialist facility and participating in daily treatment programs like 12-Step meetings or other support group sessions, as well as individual counseling. Individuals enrolled in these programs are not permitted to leave until the treatment term is over, and they are not permitted to use any substances other than those prescribed by a physician. This eliminates the issue of temptation and enables for 24-hour treatment of withdrawal symptoms and any resulting psychological disorders.

This is often the type of treatment to choose when organizing an intervention for a loved one who is addicted. The intervention is a difficult process in which addicts frequently agree to treatment, but they can change their minds once the emotions of the intervention have passed. The most successful strategy is to contact and make arrangements with an inpatient treatment center before the intervention so that they are ready to accept the addicted person right away. It is impossible to change people’s minds in this manner.

Treatment and Intervention
Many people have seen or heard about an intervention in some form. It’s frequently depicted in the media in a generic manner, although each intervention is a very personalized experience. It usually entails a group of the addicted person’s loved ones gathering in a safe place to talk to the person about their thoughts regarding the substance misuse problem. It doesn’t have to be a surprise, and it doesn’t have to end with treatment. Addicts may be enraged and indignant, in denial about their addiction, or just refuse help. Loved ones may succumb or engage in enabling conduct.

Using the services of an addiction specialist or a representative from an addiction treatment center is frequently the best course of action. Professional interventionists who act as a mediator if conflict arises are also available to help the process operate as smoothly as possible. Interventions using this strategy have a high success rate of getting the addicted person into a recovery facility within 24 hours.

If treatment is approved, the addict should be escorted to a rehab facility right away. The person will be checked into a room after being examined for further conditions such as physical illness and co-occurring mental illness. Clients are permitted to bring clothing and some personal things, but no pharmaceuticals of any type are permitted unless they have been cleared by the facility’s medical staff. They’ll usually be paired with a roommate and engage with other clients on a daily basis.

Family members are usually encouraged to visit to support the addict as well as attend educational and training classes to learn more about addiction and how to best support the client after the rehab program is over. Individuals in recovery must continue to receive support and care after completing treatment, as this procedure does not “fix” addiction. Temptations and desires might resurface years later, especially during stressful times. Long-term rehabilitation is, however, entirely achievable with the correct coping strategies as well as love and support from those around the individual.

How Cash Bonds and Collateral Work?

Posting bail is frequently the quickest method to get out of jail. The bail system basically implies that after a person has been arrested, they can either pay their bond right away for less serious offenses or find out the amount at their court hearing.
The amount that must be paid is determined by the court at the bail hearing after considering the individual circumstances. The objective of the bail money is to assure that if the offender is freed, they will return and present at all of their scheduled court appearances.

The technicalities of how cash bonds and collateral work are two components of the bail bond system that seem to perplex individuals the most. Here’s a quick review of everything you need to know about posting bail with cash or collateral.

Cash Bonds

This is also known as cash bail because the defendant (or their family and friends) pays the entire bail fee in cash. Although it varies by district, most accept cashier’s checks and certified money orders. Personal cheques and credit cards are also accepted by some.
However, depending on the state, some courts will only accept monetary bonds for minor offenses such as traffic offences. Alternatives to cash bonds, such as property or collateral, are only utilized in rare instances in specific jurisdictions. Furthermore, some jurisdictions require offenders to hire a bail agency to guarantee the monetary bond amount.

The defendant gets released after paying a full cash bond. Their financial bail will be waived if they attend all of their court sessions as required. This indicates that it has been fully repaid (except for some minor court fees). The whole monetary bail is lost to the court and will not be returned if the offender fails to appear.
In essence, whoever posts bail assumes a significant financial risk. If the defendant fails to comply with the court’s release conditions and/or fails to appear at their court dates, the person who posted bail is accountable for the whole sum of the bond.

Always read the details of any documents you fill out, whether you’re posting bail for yourself or someone else. There are sometimes several alternatives for what happens to the cash bail, so make sure you understand what you’re agreeing to before signing.


If the defendant’s family and friends are unable to pay the cash bail, they can hire a bail bondsman. A bail bondsman can post a paper or surety bond on behalf of the defendant for their release in exchange for a fee.
Additionally, employing a bail bondsman normally necessitates the provision of collateral. This collateral is equal to the full bail sum, and it ensures that they will be able to pay the court if the offender fails to appear in court. Property (such as a paid-off home) or high-value commodities such as yachts, vehicles, and jewelry are common examples of good collateral. Once the charges are dropped or the full trial procedure is completed, the collateral will be returned if the bail bondsman’s premium has been paid.

Is it possible for a parent to lose custody of their child while incarcerated in NC?

Your child cannot be taken away from you because the government disagrees with your parenting style. The state must show that you are unfit and that ending the relationship is in the best interests of your child. If a parent abandons their child, for example, a court may rule them unsuitable. Is going to jail considered abandonment? States respond to this question in a variety of ways.

If a parent spends more than six months in prison without seeing their child, several states consider them to have abandoned their child. However, several states are moving away from declaring parental abandonment solely on the basis of incarceration or jail term. Many psychologists and child welfare specialists agree that keeping in touch with incarcerated parents, including visitation, is helpful to children. Authorities and courts assess each situation individually.

If your incarceration is due to your parent-child relationship, the state may try to end your relationship regardless of the duration of your term. For example, the state may pronounce you unfit to be a parent if you are convicted of drug possession and have addiction issues, or if you are convicted of domestic abuse.

You may be able to reclaim your parental rights or custody after you’ve been released from prison in some cases, but this isn’t always possible.

The Supreme Court has concluded that parents have an implied constitutional right to be left alone by the government since our culture places a high value on not interfering with a parent’s upbringing of their children. Before a parent can be pronounced unfit, the state Supreme Court in Arkansas, for example, has decided that “clear and persuasive evidence” is required. That means that a parent’s worth or competence is not determined solely by their time in jail or prison.

For example, in the Arkansas case Lindemood v. Department of Human Services, the court decided that an incarcerated father’s attempts to retain contact with his infant son and his boy’s carers demonstrated his desire to be a father. While being as active a parent as possible while in prison can help, it is not a guarantee that you will keep your parenting rights.

If you are the only guardian of your children, a prison sentence may result in your children being placed in foster care by the courts. The state may attempt to terminate a parent’s rights while they are in prison, depending on many variables such as the length of time spent in foster care and the length of a prison sentence. Many states have added their own standards to the federal Adoption and Safe Families Act, which can force a state to petition for terminating parental rights if a kid has spent 15 of the last 22 months in foster care, for example.

To terminate a parent’s rights to their children, state governments must often file a petition with the family court. This necessitates a court order to terminate such rights, as well as an opportunity for the incarcerated parent to present their case. Working with a family law attorney to help a parent create the best defense against termination could be incredibly advantageous.

If the termination petition is approved, the kid will be available for adoption to a new family. Family members who want to adopt the child are frequently given priority, although courts can also authorize adoptions of people who are not related to the child’s biological family. If the adoption is open, a parent may be able to contact their child.

Custody is not the same as parental rights. Your parental rights do not have to be terminated if you lose primary custody of your child. For example, even if your child does not live with you for the entire year, you may still be entitled to visitation. Determining child custody can be difficult in any situation, but for a parent who wants to keep legal custody, it can be extremely difficult in prison.

Although a parent who spends months or years in prison does not have physical custody of their kid, they may still have legal rights and responsibilities. However, if one parent is convicted of a criminal offense and sentenced to prison, the other parent may petition the family court for sole legal custody.

Child support payments are another factor to consider. Unless they can go to court, show their inability to pay, and obtain a fresh support order, a jailed parent will very certainly be required to pay child support. Otherwise, they risk being held in contempt of court or due backpay.

In many circumstances, the law will not require a custodial parent to continue contact or visitation with their shared children while the other parent is incarcerated. In general, it is in the best interests of the kid to maintain contact with their incarcerated parent. It would be advantageous for the imprisoned parent to reach an agreement with the other parent to ensure that they do not lose touch with their child while serving their term.

Although losing custody does not automatically result in the loss of parental rights, the other parent, like the state, can file a petition to terminate those rights. The court may grant the order if the custodial parent shows that the incarcerated parent has abandoned any engagement in their child’s life or is a danger to the youngster.

Speak with a Child Custody Attorney Right Away.
This was written with the intention of being useful and educational. Even routine legal problems, however, can become complicated and frustrating. A qualified child custody attorney can help you with your specific legal issues, explain the law, and represent you in court. Contacting a local child custody attorney to discuss your individual legal circumstances is the first step.

Why was my bail denied in North Carolina?

Judges in today’s courts have discretion to grant or deny bail depending on a variety of criteria. A bail hearing does not guarantee that a defendant will be released on bond. Furthermore, the amount of bail might vary greatly depending on the facts of the case and the defendant’s previous past. 

A first-time offender, for example, may be released on his “own recognizance,” which implies that no bond is necessary and the defendant is free until his next court date. Someone who has been arrested in the past, on the other hand, may be asked to pay a large bond in exchange for their release. Bail may be withdrawn if the defendant engages in inappropriate behavior, fails to appear in court, or engages in subsequent illegal action.

Some offenders may be denied bail outright and forced to remain in jail, depending on the circumstances. 

Because a judge cannot predict whether or not a defendant will appear in court, he or she must make an educated prediction about the defendant’s expected future behavior. The following are some of the criteria that may impact whether bail is granted: 

  1. The seriousness of the offense and the number of charges 

2. The defendant’s demeanor during the hearing 

3. Status as a foreign resident and the possibility of leaving the jurisdiction 

4. In the past, I’ve missed court dates. 

5. Statements from cops with firsthand knowledge of the situation

In addition, defendants who are suspected of being mentally ill may be ordered to remain in a medical facility or jail due to their mental status. 

A judge who denies bail to a defendant usually has good grounds for doing so; but, the defendant’s demeanor at the bail hearing and his lawyer’s arguments will have an impact on the outcome of the case. 

Except in cases when bail is automatically rejected, defendants should be aware that the state or prosecutor must provide proof to the court that bail and release would be inappropriate. Defendants and their attorneys may bring witnesses and evidence to the bail hearing in order to refute the prosecutor’s evidence. In federal court, cases are governed by the Bail Reform Act of 1984, which instructs judges on whether or not to deny a defendant bail. State and municipal courts are usually governed by state statutes, which are often similar to those utilized in federal court.

Reasons why a bail bond may be denied 

Because of local restrictions on certain sorts of offenses and a defendant’s past behavior, bail may be rejected automatically in some jurisdictions. A defendant who has previously escaped from prison, for example, may be denied bail. Bail of any amount is unacceptable in cases when the punishment may entail the death penalty.

What to do if your partner has a substance abuse problem | Full Guide

It’s long been recognized that substance misuse and marriage (or other long-term, committed relationships) don’t mix. Having a spouse who drinks excessively or does drugs is akin to tossing a stone into a calm pond: the ripples affect everything nearby. When a partner abuses drugs or drinks excessively, his or her children, relatives, friends, and coworkers are affected. However, many would say that, aside from the abuser, the abuser’s partner pays the highest price.

How much will it cost? 

Couples in which one partner abuses drugs or alcohol are frequently unhappy; in fact, these partners are frequently more dissatisfied than couples who do not abuse drugs or alcohol but seek therapy for marital issues. As drinking or drug usage worsens, it begins to take more and more time away from the marriage, taking its toll by establishing an emotional divide that is difficult to bridge. These couples also report a lot of fighting and arguing, which can sometimes turn violent. Fighting itself can frequently create a setting or situation in which the partner with drinking or drug problems turns to these substances to relieve stress. When substance abuse becomes one of the main reasons for fighting or arguing, we see a vicious cycle emerge: substance abuse generates conflict, disagreement leads to further substance abuse as a way of decreasing tension, conflict over substance abuse intensifies, more drinking or drug usage happens, and so on. Couples with a partner who abuses drugs or alcohol have a difficult time breaking out of this downward spiral; luckily, we also know of proven techniques to support these relationships while also assisting the substance abuser in his or her recovery. There is hope if you or your partner are struggling with alcohol or other substances.

When Drinking or Using Drugs is Endangering Your Relationship 

There are various telltale symptoms that a partner’s drinking or drug usage is causing harm to the relationship to the point that professional help is required. The following are some of the most prevalent warning signs that a spouse has a substance abuse problem in a relationship: 

Many fights involving drinking or drug usage, or topics linked to drinking or drug use, such as money issues, staying out late, failing to take care of household tasks, and so on. 

Having to “cover” for a partner who has been drinking or using drugs excessively by making excuses for him or her, such as reporting to an employer or coworker that the substance user is “sick” and will be absent from work. 

A partner admitting to drinking or using drugs to relieve strain or stress caused by domestic conflicts and fighting over alcohol or other drugs. 

The only or one of the few things the partners like doing together is drinking and using drugs.

When one spouse has been drinking or using drugs, he or she may engage in domestic violence or “angry touching” by the other. 

Finding that one or both partners need to be drunk or high in order to express affection or talk about their relationship’s troubles 

To hide the drinking or drug problem, the relationship or family as a whole gets secluded from friends and relatives.

Although most couples may not exhibit all of these warning signs, if even one of them is present in your marriage or relationship, it may be time to “take stock” of the situation and consider how to improve it. This will almost certainly necessitate the cessation of drinking and drug use, as well as the identification and treatment of relationship issues. If you or your partner are exhibiting signs of a drug or alcohol addiction, as well as relationship issues, it is typical to believe that these issues will resolve themselves over time. Regrettably, this is a rare occurrence. The best thing you can do is seek treatment as soon as possible, or at the very least contact and inquire about treatment options. If you don’t, the difficulties will almost certainly worsen.

Is Treatment Effective? 

There are a variety of treatments that can be useful in lowering or eradicating alcohol or other substance problems. Individual counseling, group counseling, and self-help meetings and support groups such as Alcoholics Anonymous and Narcotics Anonymous are also used in some treatments. If you have a drinking or drug-abusing issue, it is worthwhile to get therapy, not only for yourself, but also for your partner, children, friends, and others. Getting your partner into treatment if he or she has a drug or alcohol issue could be one of the best things you can do for him and your relationship. What if your partner has a drinking or drug issue but refuses to seek help or go to treatment because he or she does not believe there is a problem or does not want to participate in counseling? This is a rather typical issue. Alcohol and drug misuse treatment programs, it turns out, include resources for worried family members and deal with this particular issue. They can provide you with ideas and information on how to persuade your partner to seek help; these methods are frequently effective in persuading family members who are hesitant to seek help to eventually join treatment. 

What about our relationship, though? 

Many treatments for those who have an alcohol or drug issue will involve their partner in some form. According to research, integrating partners in the treatment at some time can be extremely beneficial to the treatment’s success. It’s also critical to address the relationship’s issues; these issues don’t go away just because the drinking or drugging has ceased. Many couples are both astonished and frustrated that once the substance misuse has stopped, they continue to have numerous disputes and arguments.

The crucial point here is that a partner’s substance usage damages the marriage or relationship, and these issues must be addressed as well. If the problems in the relationship are not addressed, they might lead to more tension and, as a result, a relapse into drinking or drug use. As a result, improving the connection is necessary for long-term recovery from substance abuse. Eliminating drinking or drug use is only the first step; after sobriety has been achieved, a supportive caring relationship can be one of the most important aspects in maintaining that sobriety.

My Child was arrested in North Carolina, what’s next?

In many aspects, the juvenile justice system resembles the adult criminal justice system. Juveniles have the same constitutional rights as adults, and the legal procedures are very comparable. “Delinquencies” refer to crimes committed by a juvenile (a person under the age of 17). The Family Division of Circuit Court deals with juvenile delinquent cases. When it comes to juvenile cases, parents are usually alerted by letter when their child must appear in Family Court for an initial hearing. 

Juveniles can be brought into custody and held with a “pick up order” in addition to being arrested while committing a crime (the equivalent of an arrest warrant issued for an adult).

Why is my child being held in custody?

Juveniles can be detained in custody for arraignment or sent home with a parent to await instructions in the mail, depending on the basis for their arrest and whether or not they will be charged. 

Juveniles under the age of 17 can be kept in the county jail while awaiting trial if the following conditions are met: 

It has been found that this is a criminal matter. 

The allegations are for a criminal offense; and 

There is reason to think the felony was committed by the youngster.

Before a juvenile can be held in county jail pending trial, the sheriff must approve it, and the youngster must be kept separate from adults who are being detained. We understand the anxieties and anxiety parents experience when their kid is taken into custody, and we understand your want to see their child as quickly as possible. To learn how we can assist you and your kid, contact our legal offices immediately for a free first consultation.

Will my child be tried as an adult?

The nature of the offense, any prior criminal history, psychological history, and other criteria specific to each case will determine whether or not your child will be tried as an adult. 

All juvenile matters are heard in Family Court, therefore if your child is under the age of 17 and the crime was not a severe or significant criminal, they will very certainly be tried as a juvenile. If your child is charged as an adult, the penalties will be more severe than if he or she is charged as a juvenile. Contact our juvenile offenses defense attorneys for quick assistance and vigorous legal counsel.

The Arraignment – What Happens in Court?

No matter how “small” you believe the offense is, have an attorney present when you and your child appear in court for the first time. The following are some of the events that occur in court, all of which should be attended by your child’s defense lawyer: 

The charges are clarified. When a defendant arrives in court, they are informed of the crime(s) they have been charged with, as well as the potential consequences they could face if convicted. 

The rights are read out loud. The defendant is either told or reads their constitutional rights, and they must sign a document acknowledging that they were provided and understood their rights.

There is a plea entered. The defendant will be questioned about how they intend to respond to the charges. A defendant has the option of pleading not guilty, guilty, or refusing to speak (which is entered as a plea of not guilty). Other forms of pleas exist, such as Cobbs and Killebrew Pleas, which are basically guilty pleas with stipulations. 

A bond has been formed. A person accused of a crime will be held in custody until a court sets a bond. Even if the person follows all of the terms of the bond, the cash or property used to pay the court bond money (bail) may not be returned in whole. 

The next court date has been established. The next court date is given to the defendant, or the court informs him or her that a notice of the next court date will be issued to him or her at a specific address.

What is the definition of a bond? What are the various types of bonds and bail conditions? 

A bond is a condition that allows a person to be freed on the condition that they return to court. Bail is frequently included in bonds (money the defendant has to pay to the court). If the defendant fails to comply with the terms of the bond or return to court, the court will keep the bail money and issue an arrest warrant. Bonds may include terms that the defendant must adhere to, such as not drinking or using drugs, not driving, and not contacting a victim, among others. 

There are four different kinds of bonds:

Bonds that are paid in cash. Before being released, a defendant may be compelled to pay the whole sum of their bond in cash. If the defendant shows up for all subsequent court dates, the majority, but not all, of the bond money is returned to the person who posted the bond. 

Bonds that are based on a percentage. To be released from jail, the offender must post a percentage of the total bond amount. The amount is usually as low as 10%, with the remaining 10% owed only if the offender fails to appear in court on their next scheduled date. 

Bonds of Personal Recognizance (“PR” bonds, or “signature bonds”). Only if the defendant or a third party fails to appear in court on their next court date are PR bonds required to be paid to the court.

Surety bonds are a type of surety bond. A surety bond is a guarantee given by a licensed bondsman that the defendant will appear in court when needed. The bondsman will be compelled to pay the full bail sum if the offender fails to appear in court. A professional bondsman costs the defendant a non-refundable percentage of the total bail sum for their services. 

What can you do to help my child avoid going to jail?

Our team at 123 Bail Bonding is committed to ensure that our community grows stronger daily. For juvenile clients we offer mentorship and coaching to keep them out of trouble. In certain cases we will offer mentorship to children that have yet to be arrested.

What it means to be on House arrest | Full Guide

What is House Arrest?

House arrest, often known as “electronic monitoring,” is a sort of criminal sentencing that is used instead of imprisonment or prison time. An electronic monitoring device is frequently attached to the arrestee’s ankle and is difficult to remove. The device tracks the arrestee’s movements and location using GPS.

House arrestees are normally not restricted to their homes, but are only allowed to leave for pre-approved sites and activities. Although their movement and freedom are still restricted and monitored, unlike incarceration, house arrest permits a person to remain active in society and at home.

House arrest comes with a set of rules that must be obeyed. In most circumstances, the following house arrest guidelines apply:

The arrestee is assigned a probation officer who will monitor compliance and visit with them on a regular basis to ensure that they are meeting all of their sentence’s terms. The arrestee may also be subjected to “surprise” or “random” check-ins by the probation officer. It’s possible that the arrestee will be forced to abstain from both narcotics and alcohol. The probation officer might inspect the arrestee’s residence to ensure that no illegal substances are present. The arrestee must obey the curfew in the evening. The arrestee must submit to drug testing at any time.

As part of their sentencing, the arrestee is often required to perform community service. If the arrestee breaks the home arrest rules, they may have to serve the balance of their sentence in jail or prison.

Who is Eligible for House Arrest?

Offenders must normally meet specific criteria in order to be eligible for house arrest. Nonviolent offenders are usually eligible for house arrest. It also occurs more frequently in first-time offenders than in recurrent offenders. The criminal must be able to live in or near the jurisdiction that is imposing the sentence. Most of the time, the perpetrator must have a landline phone at home. When assessing whether house arrest is an acceptable penalty, the court will take into account the offender’s employment options as well as their family and community support.

House arrest may not be available to an offender who utilized their home in the commission of the crime for which they are being punished.

How Do I Apply for House Arrest?

In most criminal instances, the prosecution will offer a recommendation for sentencing, but the judge will decide whether the offender is qualified for house arrest. One of a criminal lawyer’s responsibilities is to show why their client is a good candidate for house arrest.

During the sentencing phase of the trial, you and your attorney will need to show that you and your counsel meet the jurisdiction’s eligibility standards. For instance, you might be required to demonstrate the following:

  • This was your first transgression.
  • You were convicted of a non-violent offense and have no prior criminal record.
  • You have a track record of stable employment or can show that you will be able to find work.

Any documentation that may help you demonstrate that you are a good candidate for home arrest can be brought to court. During sentencing, your lawyer can also arrange for witnesses to testify on your behalf.

What Happens If I Violate House Arrest?

If you break the terms of your home arrest, your probation officer will either issue a warning or summon you to court for a hearing. Following a violation of home confinement, the probation officer may recommend that the rest of the term be served in jail or prison. If the offense was small, the court may modify the curfew or the list of allowed reasons to leave the house.

The consequences of a violation of home confinement will be determined by the facts and circumstances of the offense. If the offense was caused by a personal or family medical emergency, the court may be more indulgent.

Can I Leave My Home At All While Under House Arrest?

House arrest is a misnomer because the arrestee is nearly always permitted to leave their home for pre-approved reasons or to destinations specified in the Home Detention Agreement. An arrestee may leave their house for a variety of reasons, including:

  • School Work Medical Appointments
  • Community service and counseling
  • Church
  • Testing for drugs
  • Probation officer consultations

The arrestee may also request and be allowed release for other reasons, but these decisions are determined on a case-by-case basis by the probation officer. Within a specified distance of their house and only before the predetermined curfew, the arrestee may be permitted more freedom of movement.

How to Handle an active Warrant for your arrest | Full Guide

The most important thing to do if you discover that a bench warrant or arrest warrant has been issued against you, or that you have missed a court session that you were ordered to attend (as a defendant or a witness), is to act quickly. The judge may have issued a bench warrant for your arrest because you failed to appear. This implies that the police can arrest you at any moment, whether it’s during a routine traffic stop, at your home or business, or when you appear in court for another reason. If you do not address the warrant, you will be continuously concerned that you may be arrested.

Types of Warrants

A bench warrant has been issued. A bench warrant instructs law enforcement to apprehend a person and bring them before a court to address the reason for the warrant’s issuance. Bench warrants are typically issued for failing to appear in court, breaching probation, or failing to comply with a court order to pay a fine, perform community service, pay child support, or perform some other act. If you are arrested on a warrant, you may be detained until your case is heard in court, or you may be compelled to post a large bail and pay court fees.

Arrest warrant has been issued. An officer or detective can ask the court to issue a warrant for your arrest if the police have solid evidence that you committed a crime. You can be kept in detention without bail until an arraignment, release hearing, or other comparable action.

Consequences of Missing a Court Appearance

You may receive a summons or notification in the mail to appear in court for minor criminal accusations or traffic tickets. A court order is a summons or notice to appear. You may be expected to attend multiple times during a criminal case, depending on the charges — for an arraignment, pre-trial conference, hearing, trial, sentencing, or other event. You have violated the court order if you do not present as directed, and the judge might charge you with failure to appear or contempt of court.

If you fail to appear, the court can take a variety of remedies, including charging you with a felony.

A bench warrant has been issued. A bench warrant, as previously stated, authorizes law enforcement to arrest you and bring you before the court to address your failure to appear. On a bench warrant, you can be held without bond until the court schedules a hearing.

There will be a jail term as well as penalties. If you are found guilty of failure to appear or contempt of court, a judge might send you to prison or fine you. Typically, defendants are not informed of their constitutional right to counsel at this time, a practice that South Carolina’s Chief Justice has ruled unlawful (the Justice ordered a county’s sheriff’s office to delay such warrants’ delivery).

Your driver’s license will be suspended. In some places, if you fail to appear in court, the judge might order your driver’s license to be suspended. The suspension will last at least until you appear in front of a judge to explain why you failed to appear.

Revocation of the bond or a change in the terms of the release. If the court has previously released you on your own recognizance without asking you to post a bond, the judge may amend your conditions of release by imposing a bond, which requires you to deposit money with the court in order to be freed from detention while your case is pending. The court may enhance your bond if you posted bond in your criminal case. In any instance, the judge may order that you remain in custody until your case is resolved.

How to get bailed out of Jail | Full Guide

Bail is money, a bond, or property given to a court by an arrested individual to assure that he or she will appear in court when required. If the offender fails to appear, the court may decide to keep the bail and issue an arrest warrant.

How Bail Is Set

The setting of bail is the responsibility of judges. Most jails offer standard bail schedules that indicate bail amounts for common offences since many people want to get out of jail right away (rather than waiting a day or more to see a judge). By paying the amount set forth in the stationhouse bail schedule, an accused person can frequently get out of jail fast.

If a suspect wants to post bail but cannot pay the sum set by the bail schedule, he or she might ask a judge to reduce the amount set by the bail schedule. A request for lesser bail may be made in a special bail hearing or when the suspect appears in court for the initial time, depending on the state’s processes (usually called the arraignment).

Limits on Bail: Can’t Be Excessive

The United States Constitution’s Eighth Amendment prohibits excessive bail. This means that bail should neither be used solely to earn funds for the government, nor should it be used to punish someone who has been accused of a crime. Remember that the fundamental goal of bail is to allow an accused individual to stay free until he or she is found guilty of a crime while also ensuring that he or she appears in court. (See Bail Jumping for details on what happens if the defendant fails to appear.)

That’s it for theory. Many judges, in fact, set an absurdly high bond in certain sorts of cases, knowing that the exorbitant bail will effectively keep the suspect in jail until the case is resolved.

Conditions of Bail

Suspects who have been bailed out are frequently required to follow “conditions of release.” If a suspect violates a condition, the judge may revoke bail and re-arrest and incarcerate the culprit. Some bail terms are standard, such as requiring a suspect to “follow all laws.” Other circumstances could be related to the offense for which a suspect was apprehended. A condition could, for example, prohibit a domestic violence suspect from contacting the alleged victim.

Options for Paying Bail

Bail can be in the form of any of the following:

  • cash or check for the full amount of the bail
  • property worth the full amount of the bail
  • bond (that is, a guaranteed payment of the full bail amount), or
  • a waiver of payment on the condition that the defendant appear in court at the required time (commonly called release on one’s “own recognizance”).

What to do if I get a DUI? | Full Guide

If you’re like most people, you have no idea what you can or should do if you’re pulled over by the police for something as little as a speeding ticket, let alone a serious driving crime like a DUI in North Carolina. In North Carolina, driving under the influence (DUI-DWI) and a conviction for “drunk driving” can be life-altering criminal charges.

Many people are unsure about what is appropriate conduct and discussion with a law enforcement officer. Should I respond to inquiries? Is there anything I shouldn’t do at this point? What should I do? Can I consult an attorney before speaking or acting? What must be done or said when dealing with police officers?

What should a detained driver accused of DUI do if a police officer starts asking questions? What is a DUI offense? Is it distinct from DWI? Is impaired driving the same as drunk driving in North Carolina?

It’s easy to make a mistake with all those perfectly fair queries and legal issues. Those convicted of DWI in North Carolina face long-term consequences. A driver may refuse a breathalyzer test because he or she is unsure what would happen to his or her NC driver’s license.

Most license holders in North Carolina have no idea what implied consent is or how refusing a breathalyzer affects an administrative license suspension hearing at the North Carolina DMV.

They may not even realize they require the services of a skilled North Carolina DWI defense attorney.

Being charged with a criminal case in North Carolina can be extremely complex, complicated, and frightening. It’s not uncommon for folks to simply give up. They take a breathalyzer test and do not seek an independent blood test later.

The purpose is to help explain your rights, breath alcohol tests, DMV refusal hearings, suspensions, and other key DWI rights in North Carolina, regardless of whether you name it Driving While Impaired, DWI, or DUI.

NO ONE wants to be charged with driving while intoxicated. As a result, people frequently wonder, “How Can I Beat My DWI in North Carolina?” What they’re truly saying is this:

What legal rights do I have?
I’m not sure how I’m going to escape being arrested.
I’m not sure what I’m supposed to do.
What alternatives do I have?

Here are a list of Law Firms to check out:

Kenneth Snow

Dominique Camm

Chris Hall

Mary Leazer Rogers