FAQ
I just want to get someone out of jail - I don’t want to hire their lawyer for them. Should I still call you?
Absolutely. You can hire Sumpter & Gonzalez to help in the emergency without committing the person to our representation. We believe an attorney-client relationship must be formed by mutual trust - not simply because someone found us on the Internet at two o’clock in the morning. We always encourage clients to meet with other lawyers and find the one that works best for them. If we are not the best lawyer for the client, we can easily substitute out as counsel.
What does this cost?
Our fee to help get a client out of jail for a misdemeanor is typically 10% of the bond or $350.00, whichever is greater. It can occasionally be a little higher for releases on weekends or in the middle of the night.
For multiple charges, felonies, cases where the magistrate has yet to set a bond, and bonds that exceed $10,000.00, our fee depends upon a number of factors. It requires a lot more work to get someone out of jail if they have previous felonies, or if they allegedly threatened the arresting officer, than someone who’s never been in trouble and was polite.
Sometimes we may need to ask a few questions to get a sense of what the anticipated fee will be, and other times we want to meet with the client in jail to get a sense of how complicated the case is. Because every situation is different, we appreciate your patience in understanding that we can’t throw out a number when you call.
How long does it take?
On average, it takes 4 to 6 hours for the Sheriff to release someone from custody once all the paperwork is turned in. It can take a lot longer if there’s not a lawyer involved. One of the most important services we provide is ensuring that our client’s situation is prioritized by the people at the jail; another is making certain that he or she has proper information while they’re waiting for this to happen. We’re told this makes time seem to go much, much faster.
How is the bond amount determined?
After reading the police officer’s Probable Cause Affidavit (an abbreviated police report), the judge will usually set a bond amount. The magistrate has unbridled discretion to set a bond in any amount. If he or she wants to set a bond for a billion dollars on a possession of marijuana case, it is so ordered. At that point, it is incumbent upon the lawyer to file a writ and set the issue for a bond reduction hearing to argue that the bond amount is excessive. Different magistrates set higher bonds than others on certain types of cases, but most stay within a pretty predictable range depending upon the facts outlined in the Probable Cause Affidavit.
Why hasn’t a bond been set?
For any number of reasons: the person may have just been arrested and is still being processed in Central Booking; there may have been a large number of people arrested and there’s a long line at processing; the police officer hasn’t turned in his Probable Cause Affidavit and so the magistrate doesn’t know the facts in order to set a bond; etc. Every person will eventually have a bond set. It often just takes a while. One of the things we do is try to speed the process by helping compile information for the magistrate to make it easier and faster for him or her to set a bond.
Is it more expensive to hire you over a bail bondsman?
No. Most of the time we’re about equal. In more serious cases we may need a larger retainer because we’re working on investigation and legal issues that are closely tied to convincing the judge to release the person on bond. However, we typically have fewer administrative fees and hidden costs because of the types of bonds we use. Furthermore, unlike bail bondsmen, we do not require guaranteed security or collateral for double the bond amount. Neither your car nor your house is at stake when you work with us.