It’s not a position anybody wants to be in — needing to make bail. There’s so much legal mumbo-jumbo and you know that if you don’t follow the rules you can be in even more trouble. This article will hopefully clarify some of the things you need to know about bail.
What Is Bail?
When a person is bailed out of jail, they are released from holding based on certain restrictions designed to make sure the suspect of a crime complies with the judicial process. It is put in place to ensure that the suspect will appear in court when they are supposed to. As long as the conditions are met, the defendant doesn’t have to stay in jail while waiting for trial.
Bail is given either on a payment of money or property that is deposited with a bail bonds service. Once the person then appears in court when required, the bail is returned after the trial is concluded. If they don’t appear, the bail money is forfeited.
What Is a Bail Schedule?
The schedule is the amount of bail someone is required to pay to be released from jail and is sometimes called a bail bond. It is not a set amount and will depend on the nature of the crime that they are accused of as to how much the bail amount will be.
Does Everybody Have to Pay Bail?
No, there will be some instances where bail is waived by a judge. This is entirely up to the judge to decide who needs to pay bail and how much. They will normally stick to a set of rules and guidelines unless there are reasons to make them consider something different. There are also some minor crimes in which you will not be held in jail, so bail bonds are not required.
Can the Schedule be Disputed?
A judge does have the discretion to reduce the amount posted for bail; however, it is not a quick process and is not often granted. Judges also have the power to increase a bail schedule based on information received regarding the crime.
Is a Bail Schedule the Same Everywhere?
No, different states may follow slightly different rules for their bail bond schedules. A schedule will be set to where the crime is committed.
Can Everyone Make bail?
No. If the person is considered a high risk of not appearing in court, they will be detained until their court date. Also, the nature of the crime may mean that a bail bond is not recommended.
If you are posting bail for a loved one, call Carlos D. Gonzalez, PLLC for a free consultation to discuss their case.