Did you know that over 3,300 people since 1989 have been wrongly convicted of crimes they didn’t commit?
When someone is charged with a crime, they may be released from jail while awaiting trial.
But how does the bail process work? How much money do you need to pay for bail and what happens if you can’t afford it? What are the risks of posting bail and when does it make sense to use a bail bond company?
Don’t worry – we have all the answers! Keep reading because our guide will explain what bail is as it relates to criminal law, including how the process works, what types of bonds exist, and more. With our advice, you’ll understand exactly how bail works so that you can make an informed decision on whether or not to post it.
What Is Bail in Criminal Law?
Bail is an amount of money that is set by the court and posted on behalf of a defendant to secure their release from jail pending trial. Bail acts as an incentive for defendants to appear at all scheduled hearings and remain out of trouble while awaiting their trial. If the defendant fails to appear in court or violates any other conditions, they may forfeit their bail and be subjected to additional criminal charges.
When a judge sets bail, they are essentially determining how serious the alleged crime is and how likely it is that the defendant will return for future court appearances. Factors such as prior convictions, current charges, the evidence against them, ties to the community, and flight risk are some factors taken into consideration when setting bail for a defendant.
What are the Different Types of Bail?
Now that you’re familiar with bail and the bail bond process, let’s look at some of the most common types of bail.
Cash Bail
The issue of cash bail is raising some serious debates in the legal system, as many argue that it is contributing to the rise of wealth inequality. While different jurisdictions have different policies when it comes to deciding who must pay a cash bail amount, too often those with less wealth are unable to post the required amount and as a result remain in jail until their hearing date.
This means that poorer people can remain imprisoned for longer than those with money to pay their bail, resulting in an unfair situation. Some believe that paying a cash bail does not necessarily guarantee future court appearances – so the question remains: should cash bails continue to be imposed?
Surety Bond
Also known as a bail bond, surety bonds are posted through a bail bond company which acts as an intermediary between the defendant and the court. As mentioned earlier, this type of bail requires payment of a fee (typically 10%) to secure release, with the rest being held as collateral if the defendant fails to appear in court or breaks any other conditions placed upon them by the judge.
Personal Recognizance
A personal recognizance bail is a great option for those who have been charged with minor offenses and are not seen as a flight risk. Rather than ponying up the amount expected to pay bail, defendants are allowed to simply sign an agreement with the court stating that they will appear in court when they should.
While this practice allows the accused to go home and await their court appearance, there is no forgiveness if they fail to appear and consequences are often severe. This process protects both sides by requiring the defendant to maintain their end of the agreement without costing them financially.
Property Bond
A property bond requires a piece of real estate (usually a home) to be posted as collateral to secure release from jail. In some cases, valuable items such as jewelry or vehicles can also be used as collateral. The value of the item must generally meet or exceed the amount of bail set by the judge for it to be accepted.
How Do Bail Bonds Work?
Bail bonds are often used when the amount of bail set by a judge is too high for a defendant or their family to pay. A bail bond company will post a surety bond on behalf of the defendant, guaranteeing payment if they fail to appear in court or break any other conditions placed upon them by the judge. In exchange for this service, the bail bond company will charge a fee (typically ~10% of the total bail amount). The remaining balance is held as collateral should the defendant not show up in court or violate any conditions.
When the person who was arrested goes to their court date and does what the judge says, they get their money back from the bail bond company. But if the person does not go to their court date or breaks any other rules, the bail bond company has to pay the full amount of money to the judge.
Hiring a Professional Criminal Defense Lawyer
So there you have it. You now understand what bail is. When it comes to criminal law, hiring the proper criminal defense attorney is critical if you hope to move forward with your life.
An excellent criminal defense attorney will help you find justice, clear your name, or even obtain a reduced sentence.
Do you need to hire a criminal defense lawyer for your situation? We’re here to help. Schedule a consultation by calling us at (402) 415-2525 or by reaching out online today!
