If you wind up in jail for whatever reason, your first thought is most likely how to get back out. There are legal options in place for you to get out of jail quickly. The fastest route is to post bail. If you have been wondering who gets to bail out of jail, this quick guide will provide you with information on how the bail process works and how to use it best to your advantage.
What Is Bail?
Bail is considered to be any money paid on behalf of an incarcerated person to have them released from jail. Bail can be cash, a bond, or even property that is at least equal in value to the bail amount set by the judge. This cash, bond, or property is given to the court to ensure that the individual will show back up for court. If the person does not show up, they forfeit their bail. There will then be a warrant issued for their arrest.
How Is Bail Amount Decided?
The bail amount is set by a judge and is often determined by the type of crime committed and the possible risk the individual may pose to the public. Another factor that is often considered is whether the person has a criminal record or not.
Many courts will have a bail schedule. This is a set amount of bail for different crimes. Many crimes are common in a certain court. This schedule can be referred to without even consulting a judge because these amounts are already set. Upon arrest, you will be able to have access to a bail amount rather quickly in hopes that you can make bail and get out quickly.
In some instances, a person can ask that a bail amount be lowered.
How Much Can Bail Be?
The amount of bail will vary from area to area and from crime to crime. However, there are limits set forth in the 8th Amendment which outlines rules and regulations for limits of bail. The bail should not be so high that it in and of itself becomes a punishment.
Extremely high bail amounts are sometimes set not to punish the person, but to keep them safely in jail. This is often associated with certain types of crimes.
What Are the Conditions of Bail?
In addition to posting bail, there will also be conditions of bail that the individual must comply with. Conditions of release are set in place to ensure that the suspect behaves in a certain way until their hearing. If these conditions of release are not followed, the judge can revoke the bail, and the person will then be re-arrested.
How To Pay Bail
Bail can be paid in a few different ways.
- Cash/check
- Property in the amount of the bail
- Bonds purchased in the amount of bail
- Waiver of payment
What Is a Bail Bond?
A bail bond is a type of loan that can be obtained to post bail to get out of jail. The individual will agree to show up to their hearing and pay a fee for the bond. The bail bond company will receive their money back. If the person does not show up, they will then owe money to the company.