The Nicholson Nugget, issue 3

The Nicholson Nugget

December 2019, issue 3

This is The Nicholson Nugget: the official newsletter of the Law Office of Mark Nicholson.  You can subscribe by clicking here.

December seems to have come and almost gone.  The law school’s semester has ended and the final exams have all been submitted.  My Christmas shopping is done and I’m ready for some fun.

December is typically a slow month because of the holidays and most courts don’t set a lot of cases on their calendar.  But, we were able to get to court a few times this month and get a judgment set aside.  This month,  I was a co-presenter and speaker on the topic of Human Trafficking.  Also, I gave a presentation on Ethics for attorneys in Hendricks County.

Next month we plan to have a big surprise announcement.

Merry Christmas, Happy Kwanzaa, and all other Happy Holidays including Happy New Year!

Deidra Haynes, Attorney and Owner of Law Office of Deidra N. Haynes.

This month is a podcast featuring a brief story of how attorney Deidra Haynes and I met.  You can listen to it here.

Attorney Deidra N. Haynes is the founder and owner of Deidra N. Haynes Law Office LLC in Indianapolis, Indiana. A top-rated attorney with nearly 10 years of legal experience. Ms. Haynes represents the rights and interests of a diverse range of clients throughout the greater Indianapolis metro region and surrounding areas. Her practice areas are: · Family Law · Employment law · Criminal Defense and Civil Rights.

While pursuing her legal degree, Ms. Haynes completed internships with the Marion County Prosecutor’s Office, the Indiana Court of Appeals and the Indiana State Public Defender’s Office. These experiences helped her hone her exceptional trial abilities, and she helped defend those facing the death penalty. Licensed to practice since 2010, Ms. Haynes obtained her Juris Doctor in 2009 from Indiana University Robert H. McKinney School of Law. Upon receiving her license to practice, she joined one of the largest law firms in Indiana, where she primarily defended corporations against employment law claims.

Realizing that she would find greater reward in helping aggrieved employees find restitution for their unfortunate situations, Ms. Haynes shifted her focus to representing the rights and entitlements of workers who experienced a serious violation of their rights on the job. Following her passion of providing a “voice to the voiceless,” Ms. Haynes delivered unmatched counsel and support not only to plaintiff employee clients but also to personal injury victims, the mentally ill, and those who stood accused of serious felony and misdemeanor offenses. She also has extensive experience handling extremely contentious and emotional family law issues.

A Voice for the Voiceless

Attorney Haynes passion for Father’s rights is her most enjoyable practice area.  Attorney Haynes did not know who her biological father was for the first 41 year of her life.  When Fathers come to her office fighting for their rights, Attorney Haynes becomes a voice for the voiceless Fathers. At all turns, she has proven herself a devoted and effective legal advocate for people during some of the most difficult and uncertain times in their lives. She has also earned numerous accolades from her peers along with many positive reviews and referrals from her satisfied clients.

Courtney’s old office with my Batman magnet

On December 19th,  I watched my former paralegal and favorite attorney win the coveted Marcus Emery Award. It’s awarded only once a year to the attorney that has demonstrated excellence in advocating for their client. Courtney Benson-Kooy, affectionately called, CBK, epitomizes all that is great in a Public Defender, Defense Attorney and a True Friend. Her jury trials our legendary, from the false-rape, protector-robber and the man behind the curtain murder closing! She is the real deal and I’m proud to know her and trust that she always has my back.

Nugget of the Month

“Santa Claus is anyone who loves another and seeks to make them happy; who gives himself by thought or word or deed in every gift that he bestows.”– Edwin Osgood Grover

7 Different Ways to Get Out of Jail and Post Bond/Bail

By: Attorney Mark Nicholson

1. Own recognizance – This involves a defendant signing a contract and agreeing to return for all court appearances. No bail is set and no security is required. This is commonly used for non-violent misdemeanor crimes. An OR (Own Recognizance) also referred to as ROR (Released on Own Recognizance) release is also more common in counties where jail overcrowding is an issue, like Marion County. Although, more counties are moving towards pre-trial release programs, per Criminal Rule 26.

2. Cash Bond- A cash bond is a bond that must be posted using the total amount of cash. Any person can post this type of bond. Once the case is resolved, a cash bond can be refunded if there are no fees, fines, and/or restitution owed.Example: Judge orders a $500 cash bond, requiring a person to pay the full $500 to the court in order to post bail for another party.

3. Surety Bond– Surety bonds are 10% of the total bond ordered in a case and must be posted with a licensed bail agent. The bail agent then posts bail with the court on your behalf. This type of bond is not refundable.

Example: Judge orders a $1000 surety bond. A person would give 10% or $100 to a licensed bond agent. The bond agent then posts bail with the court on your behalf.

4. XC Bond – An XC bond is a combination of a cash and a surety bond. Once the case is resolved, the cash bond is refundable if there are no fines, fees, and/or restitution owed.

Example: Judge orders an XC bond, where $500 is a cash bond and $1000 is a surety bond. Any person can post the $500 cash bond, which must be paid in full. A licensed bond agent must post 10% of the surety bond, or $100.

5. Percent Bond – Similar to a surety bond, a percent bond requires a person to pay 10% of the total bond amount. However, a licensed bond agent is not required to post the bond – any person can do it. A  percent bond, also called a PR bond, is refundable if there are no fees, fines and or restitution ordered once the case is resolved.

Example: Judge orders a $1000 percent bond.  Any person, not necessarily a bondsman, can post 10% of the bond amount or $100.

6. XR Bond– An XR bond is a combination of a surety and a percent bond. Only the percent bond portion of an XR bond is refundable if there are no fines, fees, and/or restitution owed to any party once the case is resolved.

Example: Judge orders an XR bond, where $1000 is a surety bond and $500 is a percent bond. A licensed bond agent must post 10% of the surety bond amount, or $100. Any person, not necessarily a bond agent, must post 10% of the percent bond, or $50.

7. Property bond– This is not commonly used except in cases in which the bail amount if quite high. The defendant, or a co-signor, has a lien placed on property – such as a home or car. A lien in favor of the court is recorded in the county in which the property is located. There is considerable paperwork required to prove the value of the property and ownership by the defendant or co-signor.