What Your Criminal Attorney Says About Bail

Bail is part of the process of being arrested for a crime. Before you post bail and get out of jail, or before you post bail for someone else, you may want to know a little more about this process. If you were to talk to a criminal attorney, this is what they might tell you about bail.

First, you should understand what bail is. Bail is basically cash or something equivalent that you put up to say that yes, you will appear in court when the time comes. If you show up, then your bail money will be refunded. If you do not show up, you will have a warrant issued for your arrest, and the courts will keep that money. In return for the bail, the courts release you from jail while you wait.

A judge will set the amount of your bail. Often there are set amounts used for certain crimes. However, this can vary depending on the severity of the crime. According to the Eight Amendment of the Constitution, bail money is not to be excessive. Defining excessive, however, is not always clear.

If it is impossible for you to pay the bail amount, you do have the right to ask the judge to lower it. A criminal attorney can help you do this. This is often done at the arraignment, but it can also happen at a special bail setting hearing.

Once bail is set, you will pay it using cash, a check, a bond, or property worth the amount. Some individuals can be released on their own recognizance. This means that they pay nothing and simply give the promise that they will appear in court. This is the best option if you can get it, because it costs nothing. Bonds are the most costly, because the money will be repaid to the bondsman, but with a portion taken out, so you pay for this service. However, it may be your only option if you do not have any assets or the cash to put up at the outset.

To be released on your own recognizance, you often have to have a strong tie to the community, which makes the judge fairly certain that you will not flee. For instance, if you have close family members, such as children, who live there, you are likely going to stick around. A job can also be a reason. If you have never been charged with a crime, you may be considered a good risk. Similarly, if you have been accused of crimes but always showed up in court, you may be considered a good risk.

Your criminal attorney will not warn you against posting bail. If you can do it, do it. There is no reason to sit in jail while awaiting your trial if you can avoid it. Being out gives you more freedom to talk with your lawyer, research your case, and prepare for your hearing. In most cases, posting bail is a very positive experience for those awaiting trial for their alleged crimes.