When you are arrested, you may find yourself in jail waiting for a bail trail. But, what really does bail involve and how does it help get you out of jail and back home with your family? It is a fairly straightforward process that offers you some options to pay the posted amount as long as you hold up your end of the bargain and appear in court when required.
How Does Bail Work?
Bail is a financial arrangement that is made with the court for your release from jail after an arrest with the understanding that you will return again for your court date. The amount of bail is set during your bail trial, and it is assumed that you will want the return of your bail money so you will appear in court.
Posting bail is designed to allow an arrested individual to leave jail and return back to work, family, and friends until the proceedings of their case. This works to prevent financial hardship for an individual that may later be deemed innocent. Those that are unable to post the bail amount may have to spend the entire duration of time in jail until their court proceedings.
How Much Is Bail?
Bail amounts are set by a judge in a variety of fashions. The judge looks at the egregiousness of your crime and whether it was a violent act. They also examine your past criminal history and whether or not you will return to court. Your ties to the community are also evaluated as a way for the judge to decide if you are a flight risk or a danger to the community if released from jail.
Large bail amounts make it more difficult for an individual to be released from jail while lesser crimes have low cost bail amounts that are easy to pay and get out of jail quickly. Denial of bail or failure to come up with the bail amount will prevent you from being released from jail until your court hearing.
How Long Until Bail Is Posted?
In most instances, your bail hearing will be held within 48 hours from the date of your arrest. At this time, you will have the opportunity to pay the bail amount yourself or use a bondsman to cover the costs.
Some crimes that are minor in nature will allow you to post bail immediately after being booked. In all cases, you will have an opportunity to get out of jail quickly unless a judge denies you bail based on your crime, history, and criminal record.
Bail vs. Bond Payments
There are several ways that you can go about paying your bail. When the bail is set at an affordable amount, most arrested individuals are able to come up with the money to cover the costs and be released from jail. You are able to pay cash for the bail amount or even use a credit card to pay the expense. You will, however, lose this bail payment if you fail to appear in court on the day you are scheduled for your proceedings.
When your bail is set at a larger amount, it can be difficult to come up with money personally to pay the bail costs. This is where you can rely on the help of a bondsman to help you financially pay your bail and get released from jail.
A bondsman pays your bail costs by working with a friend or family member. They charge a 10 percent premium over the bail amount and also request to hold on to an asset of your family members such as a car or home title.
The bondsman is responsible for you showing up to court on the day of your proceedings and will take over your family members’ assets if you fail to appear.
Can Bail Be Denied?
There are occasions when the judge will order that no bail be posted, preventing you from being released from jail until your court proceedings. In these cases, the judge has determined there is a flight or bail jumping risk that would cause you to fail to appear in court when required.
The judge may also feel that you are dangerous to the public and may be apt to commit a crime again during your release. You should discuss your case with your attorney to determine the course of action to take when bail is not posted as part of your jail release.
When you are arrested for a crime and are awaiting bail to be posted, you need the help of a lawyer you can trust. The attorneys at Joffe Law, P.A. can help. They will fight for your legal rights and get you the justice you deserve. Contact us today for a free consultation.