Whenever someone gets arrested, their first thought always is how they could get out of jail ASAP. The way to do this is through posting bail.
Bail is cash, a bond, or property that an arrested person gives to a court to ensure he or she will appear at the court date ordered. If this individual does not show up, the court may keep the bail. They also can issue a warrant for the defendant's arrest.
The judges are the ones responsible for setting bail. Most jails have standard bail schedules that specify bail amounts for common crimes. Paying bail is an easy way to get out of jail quickly.
If a suspect wants to post bail but does not have the amount of money required by the bail schedule, the suspect can ask the judge to lower it. It depends on the state's procedures. This request to lower the bail may be made either in a special bail hearing or when the suspect appears in court for the first time.
In recent years, courts have started using math to inform decisions about pretrial. There are bail algorithms which consider factors like age and criminal history. These algorithms assess whether this defendant will be a risk in committing another crime or fail to appear in court.
Bail is never made too excessive. The constitution requires that the bail is not too high as a means to raise money for the government. It is also not to be used as a way to punish the person for committing a crime. Although this is the case, many people are faced with high bail amounts. High bail will effectively keep a suspect in jail until the case is over in many cases.
Those individuals who are bailed-out suspects must comply with "conditions of release." If this suspect violates the conditions, the judge may revoke bail and order that the subject gets re-arrested.
Bail takes a variety of forms. It may be a cash or check of the full amount of bail, property worth the full amount of bail, a bond, or a waiver of payment on the condition that the defendant appears in court at the required time.
There is a way to get out of jail free. Sometimes people are released "on their own recognizance" otherwise known as "O.R." If the defendant is released, they must sign a promise to show up in court and they are not required to post bail. The defendant will usually request this on their first court day. If this is not granted then they may be required to pay low bail.
They may be released if they have family members in the community, have resided there for years, are employed, or have little to no criminal record.
Need a criminal lawyer? Do not hesitate to give Palacios Law Group a call.