Skip to main content

Post Bail or Go to Jail

Bail is cash, a bond, or property that an arrested individual gives to the court to regain their freedom - at least until their trial - and to ensure that they show up for all scheduled court appearances. If they fail to do so, the court will keep the bail money and issue an arrest warrant.

The bail amount is set by a judge. Factors taken into consideration include the seriousness of the crime, the accused's prior criminal record, their financial resources, and their likelihood of being a flight risk. In some states, a suspect may request a lowered bail at a special bail hearing or at their arraignment (first court appearance).

If the accused has been charged with a particularly serious or violent crime, or the judge believes that they are a danger to the community, might flee to avoid trial, or will likely obstruct justice by tampering with witnesses or destroying evidence, bail may be denied.

If a suspect violates the court's conditions of release (e.g., obeying all laws, staying away from a specific individual), bail may be revoked and the accused returned to jail.

Bail can be paid in cash, check, or property for the full bail amount, or by bail bond, which is like a personal loan, with an up-front, nonrefundable payment of roughly 10 percent of the bail amount paid to the bail bondsman. If the accused makes all their scheduled court appearances, they get their bail money/property/ bail-bond money back, minus a few small administrative costs.

If you have been accused of a criminal offense, contact the Law Office of William J. Luse for a free consultation.

Comments

Popular posts from this blog

Questioned by the Police? - Don't Forget Your Rights

One of the special things about our country's criminal justice system is that if you are suspected or accused of committing a crime, you have certain fundamental rights. Unfortunately though, many people aren't aware of their rights, or, in the head of the moment, they forget about those rights.

For instance, citizens who find themselves being questioned and in police custody may not even be aware that they have a basic fundamental right to have an attorney present any time they are being questioned by any branch of law enforcement.

Truth is, having an attorney present if you are being quested is vitally important.

Why is that?

For one thing, an experienced criminal defense attorney can help you from incriminating yourself, can make sure that you don't answer questions that are designed to trick you, and can keep officers from asking the same question over and over again. Bottom line - having a criminal defense attorney on your side can help make sure that you don't ma…

Your Rights When You're Pulled Over for a Supected DUI

Fact is, most people don't even know their rights if they're pulled over! Here's a quick list of the most important rights you need to know and how the conversation may go if you are pulled over:

"Do you know why I pulled you over?" It's typically the first thing you'll hear. It's also deliberately designed to get you to admit to certain behavior. Be polite and simply ask, "Why do you ask?" and then wait for a response. Do not comment. That phrase "anything you say can and will be used against you in a court of law" is truer than you'll ever know, trust us.

"Have you had anything to drink tonight?" If you truthfully have had nothing to drink that night, say, "No." If you've had something to drink, you don't have to share that information! Telling the officer that you've been drinking will be evidence used against you. Instead, say, "I have no statement to make." While it may seem unnatura…

Full Custody, Joint Custody, and Sole Custody - What You Need to Know

We figured it might be helpful to produce a short article that summarizes the key differences among different types of custody.

Full custody: this means that one parent is granted the majority of custody time and legal rights for the child.

Joint custody: in this situation, the parents can split the physical custody of the child, and then have just one of the parents handle the legal custody (and, as a result, make any major decisions on behalf of the child). More common is to have parents share legal custody and then have one parent awarded physical custody. True joint custody arrangements, in which parents share both physical and legal custody equally, tend to be rare because of the logistical and personal issues involved (scheduling, added stress, disruption of the child's routine, costs, etc.)

Sole custody: this means that one parent is awarded full legal and physical custody. These arrangements are rare, and are typically only set up if one parent is deemed unfit or whose conduc…