Paying bail to get out of prison may seem like a simple concept. The idea is that if someone is arrested, someone else can pay money and the imprisoned person frees himself. And while this is the essential idea behind the bail, there’s more that goes into the process.
Often, people who have not gone through the criminal justice system are faced 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 have to stay in jail if you can’t afford to pay the full amount? Can someone else pay? Can you hire a bondholder to pay you? How can you do that?
Understanding how bail works, how courts determine bail amounts, what types of payment methods you can use, and other similar problems is important for anyone faced with the arrest or arrest of a family member or person Dear.
Arrests, prison, bail and criminal justice system
Bail is a term that describes the release of a criminal defendant or arrested after an arrest before the end of the criminal proceedings. The security can – but not always – involve the defendant (or someone on behalf of the defendant) who pays money to a court. Money guarantees that the defendant returns to court for the rest of the criminal justice process. Therefore, bail is not a punishment given before a person is found guilty of a crime, but a way to ensure that criminal defendants return to court without the need to keep them in custody all the time.
Bail can play an important role in the criminal justice process, since it serves both to limit the amount of prison space needed, and to ensure that free people while their cases are in progress will return to court. People can be released on bail at almost all stages of the criminal justice process, such as immediately after an arrest, or even after a court has issued a sentence.
In general, every 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 end of the case. Bail is a way in which people can be released from prison before a court that determines guilt.
When the police or the police arrest the people, they physically take the people arrested in custody. Arrested persons are typically taken by police in custody, placed in a police vehicle and then transferred to a prison or criminal processing facility for an administrative process often referred to as a “reservation”. “Sometimes the police release the arrested without charges being charged, but if charges are charged, the arrestee will have to remain in custody until released on bail, until a court delivers a verdict, or until the case will not be resolved.
The reservation is the administrative process that follows an arrest. During this process, the police perform a series of tasks, such as taking a photo of the detainee, recording personal information such as name, date of birth and age, taking fingerprints, taking any physical possession of the detainee and putting them in a warehouse, looking for of any mandates, carrying out a health assessment and placing the arrestee in a detention area.
Post-arrest custody, preliminary release
After the police have arrested and booked someone, generally one of the three things will occur: first, the police can release the accused with a written notice to appear in court. Second, the police can release the accused only after paying the appropriate bail amount. Third, the police can keep the defendant in custody until a court holds a bail hearing.
The state law determines which of the three options applies in a given situation. In general, arrests for low-level crimes, such as disorderly conduct or petty theft, will more often result in a release with a written notice to appear, while more serious crimes, such as serious violent crimes, will lead the defender to remain in custody until a court can hold a bail hearing.
Bail schedules are lists of bail bonds that apply to individual crimes in any jurisdiction. For example, a state bail program may set a bail for the $ 1,000 disorderly conduct or set a bail of $ 5,000 for burglary.
The laws of the States will determine not only what amounts of the bail are appropriate for each crime and if the police can release a defendant without bail, but also if the defendants can release bail after the reservation or if they have to wait for a hearing of bail. Furthermore, they generally allow judges a significant freedom to increase or decrease bail when the court deems it appropriate. (Federal courts do not have bail programs and deposits are at the discretion of the court.)
For example, the State of California requires a bail hearing in all cases involving specific crimes, such as the spouse’s battery, marital rape and terrorist threats. In general, if state laws permit, a defendant can be released on bail immediately after booking, as long as the defendant is able to pay the appropriate amount. If the law requires a bail hearing, the defendant will not be able to pay the bail or be released until a court proceeds to the hearing.
When a court holds a bail, it determines the amount of bail that applies to a specific case. The courts do not always have to allow bail and can deny it if permitted by state law.
When the court determines the amount of the bail or if it denies bail, it weighs on various factors:
- Flight risk Some defendants represent a higher flight risk than others. For example, defendants who are facing sentences that impose death or long periods of detention may be more likely to try to escape than those who face less severe penalties.
- Community connections . A person with strong community ties, such as someone who owns a local business or whose entire family is in the area, may be less likely to escape or not reappear in court than a person who is simply visiting.
- Family obligations . Courts are more likely to charge less when a defendant is responsible for the well-being of family members or other dependents.
- Revenue and activities . A defendant with a lot of money or assets may not see a low bail as a significant deterrent, while those with few assets could be significantly affected by bail amounts outside of their resources. Similarly, a court can assess whether a defendant is employed and risks losing that occupation because of his inability to pay the bail and remain in custody.
- Criminal and judicial history . People with criminal histories – especially those with stories that involved failures to appear in court – generally have higher bond amounts than those that are part of the criminal justice system for the first time. For example, if a defendant has received bail numerous times in the past but has always violated the bail conditions or has not appeared in court, the courts usually charge a much higher bail than they would for someone without a history pass of non-appearance. Or they may even deny bail entirely.
- Seriousness of the Crime . In general, a more serious crime will have a higher bail than a less serious crime. For example, the bail for someone charged with a minor theft can be $ 1,000 or less, but the bail for someone charged with murder could be hundreds of thousands of dollars or more.
- Public safety . If the release of a defendant would represent a risk to the health and safety of others, or to the community in general, the courts usually refuse to grant the bail. For example, a defendant accused of conspiracy to commit an act of terrorism can be denied bail, as releasing that person could pose a risk to the lives of others.
In addition to determining the amount of bail that a defendant must pay to be released, courts generally impose additional limits or requirements on defendants when making a bail decision. These limitations are similar to those imposed on persons found guilty of a crime and sentenced to probation. The violation of the bail conditions may lead the police to take the defendant into custody until the trial, as well as the confiscation of any bail paid.
The following are the typical deposit conditions:
- Preliminary check-in . Much like checking in with a probation or probation officer, people on bail may have to carry out regular checks with service officials awaiting trial. Preliminary service officials check the defendants before the trial to make sure they comply with court orders or conditions.
- Contactless orders . In cases where the accused is accused of stalking, domestic violence, criminal threats or other similar crimes, the court usually imposes a contactless order. The order requires the defendant to refrain from contacting the alleged victims of the crime.
- Employment Courts may require a defendant to maintain employment while on bail. If the defendant is unemployed, the court may require him or her to try to find work while on bail.
- Travel restrictions . Generally, defendants on bail are not allowed to leave the area unless specifically allowed by the judge or officer in charge of the preliminary operations.
- Substance abuse . The conditions of the deposit, in particular those concerning drunk driving, possession of drugs or other crimes related to substance abuse, generally require the defendant to refrain from using drugs and alcohol.
- Restrictions on firearms . The conditions of the bail may require the defendant to refrain from possession of firearms, even if the crimes committed do not involve the use of firearms.
Post-Conviction or Sentence Bail
In some situations, bail is possible even after a person has been sentenced (or sentenced) to a crime. In general, once a court issues a prison or a prison sentence, the defendant must begin serving the sentence immediately. For example, if a judge condemns someone to five years in prison, bailiffs will take the defendant into custody and transfer him to a detention center to begin serving his sentence.
However, the courts may allow criminal defendants to be released on bail after conviction or conviction if the defendant lodges an appeal. For example, if a court convicts a defendant of five years in prison, but the defendant appeals the sentence, the court of law may grant provisional freedom and allow such accused to remain out of custody until the appeal is been heard by a court appeal.
Like other bail issues, state laws govern post-sentencing or post-conviction bail, and not all states allow it. In states that do so, the court generally has broad discretion in granting the bail, as well as determining the appropriate amount of bail to be established.
Deposit payment procedures
Each jurisdiction not only has its own rules on how the bail is determined and who can be released, but also has its own procedures on how bail payments should be made. In general, the payment procedure requires that someone travels to a specific place, such as a court or a prison. A cashier, employee or other local official is responsible for paying the deposit. The payer must provide the clerk with specific information, such as the defendant’s name, the case or booking number and the amount of the security to be paid. (The employee or officer often has access to this information and can find out how much bail is to be paid). The payer must therefore present the amount of the security appropriate to the employee.
Once the clerk’s office has received the bail, he informs the officials of the corrections that are holding the accused in custody and release the accused from prison. In some situations, the release of the bail takes place almost immediately because the employee is in the same structure as the prison, while in other situations it may take several hours or more for the release of the defendant.
Payments on deposits must be made in cash or with another accepted form of payment, such as credit or debit card, bank draft or certificate, travelers checks or money orders. Accepted payment amounts differ from jurisdiction to jurisdiction.