Monday, January 28, 2019

How Bail Bonds Work – Types, Conditions & How to Recoup Money

Paying bail to get out of jail may seem like a simple concept. The idea is that if someone gets arrested, someone else can pay money and the jailed person goes free. And while that is the essential idea behind bail, there is more that goes into the process.

Often, people who have not gone through the criminal justice system are confronted with a bail situation but are not sure what to do. If you are arrested and have to pay $100,000 in bail, does that mean you will have to stay in jail if you cannot afford to pay the entire amount? Can someone else pay? Can you hire a bondsman to pay for you? How do you go about doing that?

Understanding how bail works, how courts determine bail amounts, what kinds of payment methods you can use, and other similar issues is important for anyone who is faced with arrest, or the arrest of a family member or loved one.

Arrests, Jail, Bail and the Criminal Justice System

Bail is a term that describes the release of a criminal defendant or arrestee after an arrest prior to the end of the criminal case. Bail can – but does not always – involve the defendant (or someone on the defendant’s behalf) paying money to a court. The money ensures that the defendant returns to court for the remainder of the criminal justice process. Therefore, bail is not a punishment given prior to a person being found guilty of any crime, but a way to ensure that criminal defendants return to court without the necessity of keeping them in custody the entire time.

Bail can play an important role in the criminal justice process, as it serves to both limit the amount of jail space needed, and ensure that people who are free while their cases are ongoing will return to court. People can be released on bail at almost any stage in the criminal justice process, such as immediately after an arrest, or even after a court has issued a sentence.

In general, any time someone is arrested there will be three possible outcomes: the arrestee is released, the arrestee is charged and released on bail, or the arrestee is charged and remains in custody until the case comes to an end. Bail is one way people can be released from jail prior to a court determining guilt.

Post-Arrest Custody, Pretrial Release

After the police have arrested and booked someone, one of three things will typically happen: First, the police can release the defendant with a written notice to appear at court. Second, the police can release the defendant only after he or she pays the appropriate bail amount. Third, the police can keep the defendant in custody until a court holds a bail hearing.

State law determines which of the three options applies in any given situation. In general, arrests for low-level crimes, such as disorderly conduct or petty larceny, will more often result in release with a written notice to appear, while more serious crimes, such as serious violent offenses, will result in the defendant remaining in custody until a court can hold a bail hearing.

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