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Bail and Bond Proceedings

Newport RI Criminal Defense Lawyer S. Joshua Macktaz, Esq.

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Client Testimonials

Josh is extremely skilled at what he does, and is a very approachable guy to work with. He is very experience in his work, and has excellent communication, customer service, and eager to help you in any way possible. His team also has very high urgency and customer service skills. I couldn't have imagined a better experience. If I were to ever find myself in need of any legal assistance again, this is the first person I'd call. He was the third or fourth individual I contacted in my search for legal advice, and the urgency, professionalism, good attitude, and incredible customer service of Josh & his colleagues were my deciding factor to go with him. Because I had him him to guide me through these dealings, I had an ironically very nice experience.

Em Lewis

15:42 26 Oct 18

I would recommend Josh Macktaz to anyone that needs help with a dui case ! He put my mind at ease after our first meeting and went over everything he was going to do for me and he did not let me down !!! I can't thank him enough for the outcome of my case and god forbid i ever needed him again he will be my first call ! I highly recommend Mr. Macktaz.

Guy Clausen 3rd

10:24 12 Oct 18

Attorney Macktaz showed excellent communication with me during the entire process. He was very transparent with everything he was doing and needed to get done. I highly reccommend using his services, especially in newport county matters.

aaron amaral

20:03 12 Sep 18

Being from out of state, never getting into any trouble in my life, and being completely terrified, not knowing anything about the judicial system or what was going to happen to me. I was lucky enough to have Josh recommended to me from a friend and I will forever be in debt to the both of them. From day one Josh thoroughly explained everything, reassured me, answered every email with every little question I had so promptly. I knew I was in the best, most capable hands I could be in. He makes you feel like you are his only client when I know just how busy he truly is. He went above and beyond for me, even saving me a trip to court because I am from out of state when he could. He knows the system, and the people within the system like the back of his hand. He is so thorough if there is a mistake that was made he will find it. That’s what he did for me. When I was sure my life was about to be turned upside down, he made something so nerve wracking as painless as possible. I could not have made a better decision by choosing him as my lawyer. I could never write enough good things about him, and I could never thank him enough for being so incredibly good at his job.

Lindsey Spencer

20:34 17 Nov 17

I highly recommend Joshua. He is very professional and explained everything in detail and my options in our first meeting. He did not raise unrealistic expectations and the end result was the "best case scenario" that he laid out for me in the initial consultation. I will be calling him again if I ever need help.

Tim Dawson

15:30 19 Sep 17

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Newport RI Criminal Defense Lawyer S. Joshua Macktaz, Esq.

Newport RI Bail and Bond Hearing Attorney

Table of Contents

A person arrested for a minor offense (called an arrestee) is generally given a citation at the scene and is released immediately. The citation tells the arrestee when to appear in court. Persons arrested for more serious offenses are put in jail unless they can pay bail.

What is Bail?

An arrestee (or his/her family or friends) gives cash or property to the court to guarantee that the arrestee will appear in court. An arrestee has a right to release on bail for most offenses except murder and violent felonies. If the arrestee appears in court, the amount of bail is refunded.

What is a Bail Bond?

If an arrestee cannot pay the full amount of the bail, he/she can buy a bail bond. A bail bond is a guarantee by a third party (called a surety or bond seller) to pay the arrestee’s bail. A bond is given to the court. If the arrestee fails to show up in court, the court keeps the bond. A bail bond generally costs about 10 percent of the bail amount. So, if bail were set at $2000, the premium for the bail bond would be $200. Even if the arrestee appears in court, this $200 will not be refunded. The surety may also require an arrestee to put up collateral (valuable property) for the bond. If the arrestee fails to appear, the surety gets to keep this property.

Who Sets Bail?

It is the judge’s responsibility to set bail at the arrestee’s first appearance in court. However, most jails have bail schedules for common crimes. If the bail is paid, the arrestee will be released immediately. If the arrestee cannot afford the amount of bail set by the jail schedule, he/she can ask the judge to lower the bail.

What is Release on Personal Recognizance?

The judge can decide to release the arrestee on his own recognizance (sometimes called O.R. or R.O.R.). No bail is posted, and the arrestee simply promises to appear in court.

Are There Any Limits to the Amount of Bail?

The Eighth Amendment to the United States Constitution prohibits excessive bail. The amount of bail should not be more than what is reasonably necessary to keep the arrestee from fleeing before trial. In practice, however, judges often set very high bail for drug, rape, or murder cases. This acts as preventative detention, and keeps the arrestee in jail until a verdict is reached.

Contact Rhode Island Bail and Bond Lawyer S.Joshua Macktaz for a free consultation.

Newport RI Bail and Bond Proceedings Attorney S. Joshua Macktaz is available to discuss your case. Call (401) 324-2992 to schedule a free consultation today.