Category: Bail Bonds

Being put behind bars, even for a short period of time, has the possibility of derailing your life for many years. While incarcerated, family, work and other obligations fall out of your ability to control. 

That’s why so many individuals who face time choose to post bail. Posting bail allows you to return to your life and prepare for what’s to come in a much more comfortable and controlled manner. Bail bonds allow this convenience for those who might not have the funds needed to post bail on their own. 

When it comes to Virginia bail bonds, there are a few rules and guidelines particular to the state. Read on, and we’ll walk you through everything you need to know about Virginia bail bonds. 

How The Arrest Process Works 

In Virginia, when a person is arrested for a crime they will be brought to a local county jail to be processed. Here, they will be fingerprinted and their charges officially filed. They will then be placed in a holding cell and told to await trial. 

In some cases, if a crime is minor, an individual may be released on what is known as an Own Recognize agreement.

That means as long as the individual signs papers acknowledging the court dates they need to be present for, they will be released back into the public. But in many cases, a person might need to wait behind bars until their court date rolls around. 

This time between arrest and trial can potentially be quite lengthy. At this stage, an individual has not even been found guilty yet: but the law needs to ensure that they’ll be present at the court date, so they remain incarcerated. 

An individual can be released if they pay bail at a number set by a judge. Posting a given bail amount is seen as a sign of good faith that an individual will show up to their court date. The price of bail may vary depending on a variety of factors, including the severity of a crime. 

Securing A Bail Bond In Virginia

Bail amounts can be set anywhere from a few hundred dollars to hundreds of thousands. Bail amounts can often be quite high, and higher than many families can afford to pay. 

Instead of trying to dig up a huge amount of money fast, many families turn to bail bondsman in Virginia or the surrounding areas. Rather than paying the entire cost of bail upfront, a bail bondsman will only require a small percentage of the bail to be paid. 

In Virginia, legal limits have been set so that this percentage must fall between the 10% and 15% range. No lower and no higher is permitted. The Virginia Department of Criminal Justice Services enforces these bail laws and ensures all bail transactions follow this guideline. There is no negotiation allowed. 

After the upfront payment is made, an affordable payment plan can then be set for the remaining payment. Certain bail bondsman might have other requirements, including regular check-ins, travel rules, and so forth. It’s important to understand these requirements before signing or accepting money. 

It is essential that the freed individual show up for their court dates. If an individual does not show up for their trial, the family that has made the arrangement with a bail bondsman will need to pay the full bail amount right away. 

Skipping a court date is a very serious matter. A bail bondsman might even hire bounty hunters to find the defendant and bring them back to court. These costs will then be passed onto the family or responsible party. 

How Long Does It Take To Post Bail? 

The bail process can vary depending on what kind of facility the incarcerated individual is being held in.  Both the booking and bail posting processes take longer in large jail facilities than they do in smaller ones. 

These processes also have to take place during normal business hours. So an individual who is arrested on the weekend or late at night might have to wait longer for bail to be set or for bail funds to be accepted. 

The process can take even longer if a crime is particularly serious. A person does have the opportunity to argue for the decrease of a set bail amount, but this can greatly lengthen the time they spend behind bars. 

No one wants to see their loved one behind bars for long. Taking quick actions after an arrest can help to keep the bail process as fast and efficient as possible. Working with a reputable bail company or bail bondsman can also help to make the process faster. 

These individuals likely have working relationships with judges and officials at local jails and can help to make the process as efficient as possible. Having your loved one out from a holding cell can help them to better prepare for trial. It’ll also allow them to take care of important obligations and get their lives back on track. 

Understanding How Virginia Bail Bonds Work

If you or a loved one has been arrested in Virginia, the thing you likely want the most is to get out from behind bars. Understanding how Virginia bail bonds work can help to make this desire a reality. There is a certain sense of obligation that is very important to understand when looking for help from a bail bondsman. 

Have more questions about the process? Need help fast? Contact us anytime for help with your particular situation. 

What is a bail bond?

What do I need to do after I pay my bail? What do I need to do if I get a bail bond loan? What happens if I can’t post bail?

All these questions are pretty common after you or one of your loved ones has been arrested. In this article, we’ll go over some of the most frequently asked questions about bail bonds and how they work.

1. What Is a Bail Bond?

A bail bond is the price you pay to be released from jail before your trial and after your arrest.

But it is more than that. It’s financial collateral to prove that you will cooperate with authorities and appear at your court dates in the future.

2. What Other Terms of a Bail Bond Are There Besides Showing Up for Court?

The main condition of your bond is that you appear in court.

However, depending on the crime, there may be other conditions associated with your bail. This may mean you cannot leave the state or the country. It also may mean you cannot use illicit substances or drink until your trial is over.

You may also be subject to drug testing or may be required to wear an ankle monitor, depending on the nature of your arrest. You may also be legally required to stay away from your alleged victim, especially in the case of domestic violence.

3. What Happens If I Violate My Bail Conditions?

Typically, there is a zero tolerance policy for violating bail conditions.

In a scenario where you attend all the court dates and comply with everything the court has asked of you, you will receive the money you paid for your bail back.

If you do not comply with the rules, the money will be forfeited and you will not receive any of it.

4. Can a Third Party Create Bail Conditions for Me?

Yes.

If you had someone co-sign a bail bond because you could not pay it or you could not obtain a loan, they can require extra stipulations. This may be that you get a job, work at your family’s business, or stay away from a certain individual.

If you do not comply with these rules, you will be responsible for the sum of the bail.

5. Will a Co-Signer Be Responsible for the Bail Bond If I Do Not Comply with Court Orders?

Yes. This is why one should exercise caution when deciding to co-sign a bail bond loan. Co-signing a bail bond loan basically states that you vouch for the individual and can guarantee he or she will comply with the courts.

A co-signer is also responsible for turning in the accused if he or she flees after paying the bond.

However, if you do not comply with the extra conditions the co-signer set out, you will become responsible for the loan.

6. What Happens If I Can’t Afford Bail?

Bail bondsmen exist to solve that exact issue. You can visit a bail bondsman to take out a loan for the sum of your bail.

Typically, you’ll be responsible for at least 10% of your bail above $1,000, in what is known as a surety. You will then use collateral to apply to the rest of the bail bond, such as your home or car.

You will pay back the loan with interest from your own pocket if you fail to comply with court orders. Or, they can collect on your collateral.

If you do comply with court orders, the money will be released back to you, minus the 10% surety. In that case, you will be responsible for the interest the loan accrued while you were awaiting trial.

A bail bondsman must be licensed in the state of North Carolina.

7. What Happens If I Can’t Afford Bail and Can’t Get a Loan?

In this case, you’ll be in jail until your trial. You may only be released if you’re able to make bail, either by paying yourself, getting a loan, or having another person co-sign for you.

You’ll only be released once the court is satisfied that you have either not committed the crime or that you have served your sentence.

8. Who Sets the Bail Amount?

The court will set the amount for your bail. Typically, the amount will coincide with your crime. More serious crimes will have much higher bails.

In some cases, there are crimes that are so serious that the court will not set a bail. In that case, you may be held without bail until your trial date.

9. What Do I Do If I Need to Change the Conditions of My Bail?

Sometimes, this happens. For example, your bail conditions may say that you cannot leave your state. But, you may find out that your father is dying two states away and you would like to see him before he passes.

In cases like these, you should always consult the court or the bail bondsman. Do not just saunter off thinking they won’t catch you. You could very well find yourself in a world of trouble if you do get caught while on your way, in another state, or on your way back.

Sometimes, the court or bondsman will grant you the ability to change the condition of your bail for special circumstances. This is typical if they feel satisfied that you won’t use the opportunity to flee from your trial.

Getting Arrested in North Carolina

Getting arrested can be a scary and traumatic experience. However, if you know your rights, things can go much more smoothly. It’s also easier if you know the answer to the question, “What is a bail bond?” and how to obtain it.

If you would like more information on bail bonds, contact us here. We may be able to help you, or a loved one, get the bail needed to gain freedom until trial. We’re available 24 hours a day, 7 days a week.

As nearly one-third of all drunk drivers are repeat offenders, costs can start racking up fast for people who are arrested for a DUI. Without an understanding of how to post a DUI bail bond and an urgency to get out, it’s easy to make a mistake with who you choose to get your bond from. You need to select a bond that you can not only afford but that will be provided by a trustworthy bail bond agent who has your interests in mind.

Here are five things you need to know about your DUI bond before you get one.

1. Learn How Much it Costs

The actual bail amount for a DUI will be different from state to state and can depend on a number of other factors. The cost will depend on the criminal history of the person arrested, the bonding schedule used in the area where someone is arrested, and other activity. If there were other crimes committed before or during the DUI arrest, there will be a compounded figure.

The price of a misdemeanor DUI bond could be anywhere from $500 to $10,000. If you end up with a felony DUI, you could be looking at a cost as high as $50,000.

Prior criminal behavior will mean that you’re dealing with costs that could be well above what you can afford. With the DUI bail bond, you could be able to get out of jail and get back to work without having to sit around locked up.

2. Seek Out a Bail Bond Agent

Most every jail will be able to offer a list of different bail bond agents who can serve you and give you what you need. Every jurisdiction has their own professionals who work in that region.

Before you pick out a bonds agent for your DUI bond, have your family talk to people who they know who have dealt with this issue before. A recommendation of a good bail bonds provider is helpful because the field is littered with an equal amount of reputable and shady characters.

People who take your cash but don’t let you know when the court date is or who don’t let you know information about court attendance could ruin you. A bad bail bonds agent will leave you high and dry and could set you up to stay in jail for longer.

If you’re re-arrested after not knowing the court date and missing it, you will end up in serious trouble. Bail bonds providers don’t have to care about this and can get you into worse trouble.

3. You Can Post From Jail

If you’re in jail, posting your own bail can be a bit of a challenge but it’s still possible. The first thing you should try is to get a family member to help you get a bond to post in response to your DUI.

If you had money on you during your arrest, you can withdraw that money. It’s put into what’s called an “inmate trust account” which allows you to have access. If your credit card is inside of the wallet that was seized, you can usually get access to your card in order to pay your bond.

If that’s still not enough, you might have to petition the court for help. You’ll need tog et a court-appointed attorney to get your bond reduced sufficiently. If you don’t have enough money and don’t have family to help you out, the court can lower the amount if given a good enough reason for lowering the cost.

4. Get To Know The Conditions

When you pay a bond agent, that’s just the first payment that you should expect when you’re posting your bond. In some places around North Carolina, you might have to deal with the special conditions placed on DUI bonds. They can be extremely expensive.

In order to get out and have access to your car, you might have to deal with an ignition interlock device. That device will interrupt your ignition and require that you prove that you’re not drunk before your car will start.

If this service is even available in your region, this can cost anywhere between $80 and $200 to maintain every month.

Some states might require you to submit to alcohol and drug screenings while you’re waiting for your day in court. These won’t be provided for free. You’ll have to pay out around $50 every month just to have these screenings performed on you.

Any condition that a judge wants to impose, within reason, will have to be abided by. If they require someone to check in on a regular basis or submit to screenings, that’s a condition of the arrested’s release.

5. Don’t Overcommit With Your Bond

While there might be a lot of pressure to get the bond posted and get on with their life, anyone who is arrested must be careful when dealing with a bonds provider. Before a bond is posted and monthly payments are agreed to, they should ensure that standard conditions are imposed. There could be requirements or fees that are just too hard to meet and commit to.

If a payment to a bonds provider is so high that the arrested can’t afford the ignition interlock system or testing, that’s a problem. Paying to get out only to set oneself up for breaking the judge’s terms and conditions will only lead to re-arrest.

Bonds can be revoked for non-compliance and the arrested party is then required to return to jail or else face even more severe terms.

Getting a DUI Bail Bond is a Little Bit Complicated

While getting your DUI bail bond can be somewhat complicated, it’s not the most complicated legal decision in the world. With a little bit of research and knowing which questions to ask, the arrested party can get the bond they need and get back to their life until their court date.

If you’re worried that you loved one will be denied bail, here are the most common reasons people get denied.

The bail system in America is an often misunderstood form of check and balance in law. Bail isn’t an arbitrary fine and it isn’t meant to be a punishment, for the most part. Knowing how bail works, you can understand how it is more of a risk-management system for the courts.

It has been in practice for centuries, in fact. The first recorded instance of posting bail for temporary release dates back to the 13th century in England. Today’s bail bonds are a lot more refined and nuanced, of course.

Let’s understand what to do in the event that you or someone you know needs to be bailed out. Refer to this simple guide for how bail bonds work in Raleigh, NC.

1. Prerequisite Information

Before approaching a bail bondsman, you should gather the following information:

• Location of the person in custody
• Full name, city, county, and jail name
• Booking info (number, who booked them, and time)
• Price of bail

If they haven’t had their bail hearing, prepare them for it. The judge uses a number of qualifications to determine the price of bail. Some of these are unchangeable, while things like behavior or evidence can affect the ruling.

2. Bonding Out

A person has four options for bonding out of jail. The first option is to just pay directly to the courts with cash. The second is to pay directly using property and other assets. The third is through a licensed bail bondsman.

The fourth and least likely scenario is when the judge decides on their terms to release the defendant. This usually occurs when there is a break in the case and there is no likelihood of conviction. The courts don’t want to waste time and money on cases that are unwinnable.

If you have the full amount of bail on-hand, you can pay the courts. In this case, your money will be returned in full upon fulfillment of the defendant’s obligations.

3. Refunds for Bail Paid

The whole reason for using a bondsman is being able to bail out at a fraction of the cost. Whether they are innocent or guilty, that fee paid was for the freedom during the trial process. Only in the case of a bondsman violating contract (not adjusting for reduced liability, etc.) could one argue for a refund.

4. No-Shows for Bonds

If you post bail for someone who doesn’t show up for their court dates, you could lose your bond money. This is something you must consider if you plan on posting bail for someone.

If this scenario does happen, the courts usually give 90 days for you to get the person to court. Otherwise, your bond will go into default status and you will lose your money.

5. Staying Compliant

Unless it is stated explicitly, the defendant must stay within state or county lines. This will vary depending on the severity of the crimes charged. If the defendant leaves without permission of the bondsman and court, a warrant will be posted.

This is bad for the person who has posted bond, of course. The defendant would lose their ability to wait for trial outside the court and lose their bond. More on forfeiture of bonds later in our list.

6. Limits on Bond Premiums

There isn’t a lot of room for negotiating bail for bail bonds in Raleigh, NC. The state statute states a minimum of 8% of the bail price. The maximum allowable premium will always be 10%. It is illegal to go beyond these fees outlined, and the bondsman could lose their license.

Beware of bail bonds that try to convince you that they can achieve lower rates. They may promise you whatever they want, but the final bill has to be within the legal ranges.

7. The Difference Between Bondsmen

Even though there are statutes that cap the amount that bondsman can charge, it is worth researching differences. Not all bail bondsmen have the capacity or motivation to work hard for your case. The best bondsmen will negotiate with the courts to determine collateral values.

Experienced establishments have strong relationships with the justice system. This can come in handy when pleading for more leniency, for example. Bail bonds can even provide assistance for finding a reputable lawyer.

You can research bail bonds companies by looking on the Better Business Bureau website. The rating given by the BBB is based on the number of complaints and history of the business.

8. What Is Used as Collateral?

There is usually a wide variety of collateral options to choose from. The most obvious being property and cars owned. Other items that can be leveraged include credit, jewelry, stock options, savings accounts, and appraised antiques.

Again, make sure you understand the contractual agreement before bonding with collateral. There are legal obligations for both parties in order to use collateral.

9. Arrested While Out on Bond

If for whatever reason the defendant is booked into custody while on bond, it will result in the revocation of said bond. That means you forfeit your money and/or collateral. If you attempt to surrender the bond at any time, you have to pay the premium.

You can bail someone out twice, but it has to be done with a separate bond. That’s twice the premium paid for one defendant. We hope that person is worth defending and has a tight case in their favor.

More Info on How Bail Works

This is just the general rules on how bail works. There are variations based on local statutes and other circumstances. If you looking to bail someone out fast, don’t rush into any bail bonds building across the street.

At Amistad Bail and Immigration Bonds, we pride ourselves in transparency and efficiency. We want to get family members and friends out of jail honestly and intelligently. If you need experienced bail bondsmen, we have a team who knows NC law.

We will help you find a way to get your family or loved one out of jail, even if you don’t have a lot. A great bail bondsman will know exactly what type of collateral will suffice.

You can contact us any time, 24/7, for a free consultation. Hablamos Espanol.

As of August 2018, there were over 133,000 people in the correctional system in North Carolina. Chances are that many of them are waiting for bail or are hoping to post bail so that they can get out of jail as quickly as possible while they wait for further instructions.

Bail is the amount of money that is set when an offender is arrested that allows him or her to go on with his or her life while awaiting trial or sentencing.

Depending on the crime, the bail could be as low as a hundred dollars. More serious crimes carry much higher bails, and some extremely serious crimes mean the offender is not eligible for bail.

If someone is considered a flight risk, they also may either be ineligible for bail or have their bail set at a very high price point.

Many people with smaller bails cannot afford to post or pay their bail outright, so they get a loan from a bail bondsman. In some cases, they may require someone to cosign the loan.

Read on for more information on cosigning a bail bond in North Carolina.

How Much Do I Pay When Cosigning a Bail Bond?

In the state of North Carolina, you will only pay a percentage of the bail bond when you help the accused leave jail. While they are technically responsible for paying the bond, or loan, back, you are also responsible for holding them responsible.

Who Can Cosign a Bail Bond in North Carolina?

Not everyone can cosign a bail bond, and the person doing so must meet a certain standard of requirements.

The person cosigning the bail bond must be over the age of 21 at the time of cosigning the loan. Plus, they must have worked for the same company for at least one year with a salary of at least $24,000 annually.

The individual must also have a valid and working checking account. If you get paid each day, week or month in cash and only use something like PayPal to access your money and pay your bills, this won’t be good enough in the eyes of the bail bondsman.

You may also have to be a citizen of the United States and have an acceptable credit score. Some bail bondsmen may also require that you have lived in the same area for a set amount of time, determining that you are not also a flight risk.

What Happens After You Cosign a Bail Bond?

The accused gets released from jail once they make their bond. Once you cosign, they will be able to live their lives until their trial or sentencing. However, this doesn’t mean this is where your responsibility ends.

What Are Your Responsibilities When Cosigning a Bail Bond?

You have a lot of responsibilities when cosigning a bail bond, which is why most people will not sign them unless they have a lot of faith in the person they are signing for.

If you cosign a bail bond, it is now your responsibility to ensure that the defendant shows up in court for his or her trial or sentencing.

After you cosign a loan, if the defendant flees the state or country, it will be your responsibility to get them back to court or turn them in. Because so many people can abuse this caveat to get a cosigner and leave without questions, many would-be cosigners decide it isn’t worth it.

If the defendant does not repay the bond in a timely manner you will be held responsible for paying it back to the bondsman in full. In the event that the defendant does not show up in court, you will also be responsible for paying off the entirety of their bond.

What Happens If I Can’t Pay?

This is the ultimate risk you take when you cosign a bail bond. You may find yourself responsible for the entire bond, even if it is extremely expensive.

If this happens, as stated above, payment in full is due as soon as possible. If you cannot make the full payment, any assets or property can receive a lean. This means that the bail bondsman can take collateral, like your home or car in order to recoup the full amount of money that was originally promised to their company.

In this way, a bail bond works like most traditional loans.

The Cosigner Has Rights

Cosigning a bond may seem like a losing deal, but you can use it as leverage against someone you want to receive treatment for drugs or other vices and issues.

You and the bail bondsman can create a contract together, and you can hold off on signing the contract until you feel comfortable.

In the contract, you can stipulate that you will only cosign if the defendant completes a drug rehabilitation program or other such treatment. In this case, if the defendant fails to do so, your co-signature becomes null and void.

You can also request that should the defendant become embroiled in any other illegal activities or gets arrested again, that the cosign also becomes null and void.

A cosigner is also able to tell the state where the defendant or accused is if they have fled from corrections or justice. In that case, they can be returned to jail and the cosigning can again, be null and void.

Should You Cosign a Bail Bond?

In truth, cosigning a bail bond is a very big risk to take, especially with a friend or family member who is a repeat or high-risk offender. Cosigning a bail bond is best for holding the accused or defendant responsible for getting help or treatment, or ensuring that their actions get punished.

For more information on all things bail bonds, visit our blog.

Was your loved one recently arrested?

If so, there’s a good chance that they can post bail and avoid spending time behind bars prior to a conviction. However, there are some instances in which people are denied bail after getting arrested.

If your loved one falls into the second category, there are a number of reasons why a judge may deny their request for bail. You should take the time to find out why your loved one is being held if a judge doesn’t make it clear to you and your family.

Here are 8 reasons why a person might be denied bail.

1. Your Loved One Has Been Accused of a Very Serious Crime

One of the first reasons a judge will deny a person bail is if they have committed a crime that is very serious in nature. Those who have been accused of murder, rape, kidnapping, or another serious crime will often be held behind bars or have very high bails set.

If evidence emerges over time that suggests your loved one may not have been involved in a serious crime after all, a judge could decide to lower bail. But often times, those that have been accused of a very serious crime will be required to remain locked up until they have their day in court.

2. They’re Considered a Flight Risk

Is your loved one going to disappear after making bail and being released from jail? This is a question that a judge will carefully consider before deciding whether or not your loved one should be denied bail. Judges don’t look kindly upon perceived flight risks.

If the judge believes there’s even a small chance your loved one might not show up for their trial, they will usually deny them bail. The last thing a judge wants is to let someone loose and then have the police be forced to go and find them later.

3. They’re Believed to Be a Threat to Society

Ideally, if a judge grants your loved one bail, they will leave jail, go home, and stay to themselves until their next court appearance. But unfortunately, that’s not always what happens.

In some cases, a person who has been let out of jail on bail will go and get themselves into more trouble. They’ll pose a threat to society and could end up hurting themselves or others in the process.

If a judge thinks your loved one could be a threat, they’ll likely be forced to stay behind bars for the foreseeable future.

4. They’re a Repeat Offender

Has your loved one committed crimes in the past? They might be on parole or probation right now as a result of something they did months or even years ago.

That won’t reflect well on them and will give a judge no choice but to lock them up and deny bail to them. Repeat offenders usually get very little leniency in court and are required to stay in jail.

5. They’re Not a Legal U.S. Citizen

If your loved one is arrested and the courts discover that they are not a legal U.S. citizen, there’s almost no chance that they’ll be permitted to leave jail. Additionally, they could have much bigger problems on their hands than just their recent arrest.

Undocumented immigrants are often reported to the U.S. Immigration and Customs Enforcement agency. Depending on their situation, they may face deportation in addition to any penalties attached to their arrest.

6. They’re Disrespectful to a Judge in Court

Doing something as simple as yelling at a judge in court or showing disrespect in another way could be enough for the judge to deny a person bail.

If your loved one took it upon themselves to show disrespect to a judge after their arrest, it could be the reason they find themselves back behind bars without getting a chance to post bail.

Judges can sometimes change their minds down the line and grant bail after initially denying it. But in general, it’s not a good idea to act disrespectfully in a judge’s courtroom. It could very well lead to you spending more time in jail than you should really have to.

7. They’re Known to Miss Court Appearances

There are many people who have a history of missing court appearances. Over the years, they’ve shown poor judgment and done a bad job of appearing in court on time.

Has your loved one missed court dates in the past? Even if it only happened one time, a judge might deny bail and refuse to let a person leave jail after their arrest. It’s why it’s so important for people to show up in court when they’re required to do so.

If a person has a long history of missing court appearances, it’s up to their lawyer to try and convince a judge that it won’t happen again. Otherwise, a judge could perceive a person to be a flight risk and shut down their bail request.

8. They’re Mentally Impaired

This one can be tricky. But if your loved one seems to be mentally impaired in any way while appearing in court, a judge might not want to risk letting them leave jail.

Often times, a judge will ask that a mental health evaluation take place before bail is considered. That evaluation can clear things up and let a judge know if they should grant a person bail.

If possible, you should provide the court with any information you might have on a person’s mental well-being if this issue comes up. There’s a chance it could speed the process up and make bail more of a possibility.

What to Do If Your Loved One Is Denied Bail

Was your loved one recently denied bail in Raleigh, N.C.?

You should do what you can to find out why they were denied bail. You should also speak with an experienced bail bondsman to learn about the options that you might have moving forward.

In the event that a judge does grant bail to your loved one, you’ll want to be prepared to help them in whatever way you can. Contact us to get more information on obtaining bail bonds.

If you or someone you love is dealing with the process of bail, you likely have a lot of things going on at once. You have a lot of questions about this process and aren’t sure where to turn.

The last thing you want to do is worry about whether or not the act of determining bail is fair or not.

This can be a complicated, emotional time in your life. But you’re not alone.

We’re here to help. We’ll talk more about how judges determine bail amount in this article, so read more below.

What is Bail

Bail is a set amount of money that a defendant gives to the court to secure their spot at a future hearing date. The defendant won’t have to sit in jail while they wait for their court date to arrive, which is a process that can take an exceedingly long amount of time.

How Judges Set Bail Amounts

Unless you have a background in legalese, it can be hard to understand how the bail process works or how a judge makes a determination about exactly how much money a defendant has to pay.

When a judge makes a call about what amount of bail a defendant has to pay, he or she will look at a lot of different points and factors in the case involved. These change on a case by case basis, and it’s entirely up to the judge to make this call.

For the most part, there is something called a “bail schedule” which is a system that gives certain crimes a specific amount of bail across the board. If a defendant wants a different amount of bail, they will have to see a judge.

The Nature and Circumstances of the Crime

If the crime is very violent or it put people in danger, the judge may choose to set the bail amount high. Some judges set guidelines for specific crime categories, and it varies by judge. However, a good rule of thumb to remember is that the worse the crime, the higher the bail amount.

The Evidence

The main purpose of setting bail is to make sure that the defendant doesn’t skip town after they’re released from jail. So if a judge thinks that a conviction is likely, or if there’s a lot of evidence against the defendant, he or she will set the bail high.

Sometimes this means the defendant has to stay in jail, but it’s only to make sure that they don’t take advantage of the court and run.

The Defendant’s Behavior

If the defendant has committed crimes in the past, failed to appear in court, or has a history of bad behavior in court, the judge may not want to be lenient when it comes to bail. A judge isn’t going to set a low bail just to find out that history repeats itself.

If the defendant is already in trouble with the law, if they’re on parole or probation, a judge is more likely to set the bail higher.

In addition to history in the court, the defendant’s history outside of the court matters as well. The judge will look at the defendant’s family, the state of their health, what their money situation looks like, and whether or not they are a stable employee.

This all comes back to stability. If a defendant appears to be stable, the judge is more likely to be lenient with bail. A person with a lot of ties to the community is more likely to stay in town and go through with their court hearing.

The Safety Factor

In addition to making sure that the defendant shows up for court, a judge wants the public to remain safe. If releasing a defendant out into the public means that they are putting people at risk, they are more likely to deny bail altogether.

This extends to the defendant as well. If the judge has reason to believe that the defendant is a danger to him- or herself, they have cause to deny bail or set it high.

Are There Rules for Bail?

There are laws concerning bail amounts, yes. However, those laws give judges a lot of freedom to choose the bail amount they see fit. They can use any deciding factors that they want to, as long as they are case-relevant.

So while laws exist about bail, there are no strict guidelines. For the most part, judges rely on precedent and their own instincts to set bail.

What is a Flight Risk?

A flight risk is someone who will probably skip town before their court date. These are people who could be denied bail outright or get an exorbitant bail amount.

The court’s main goal is to ensure that the defendant shows up to trail. So if they didn’t show up for a prior court date, a judge isn’t going to give them a second chance.

After the Judge Sets Bail

After the judge sets bail, the defendant goes through the booking process where they can arrange to pay the bail. Once the court has the money, or once the defendant made arrangements, the court will release them.

Understanding Bail Amounts

It can be complicated when you try to understand different bail amounts and how judges go about finding them. It can sometimes feel like an unfair process, but at the end of the day all the court wants to do is ensure that the defendant shows up to court when they’re supposed to.

If you or someone you love is facing jail time due to their inability to pay bail, contact us today.