Bail & Bond

After being arrested and booked into jail, the court will set an amount of money you must pay to be released from prison while your case goes through the criminal court system. This payment to the court is meant to ensure you return for your future court dates and do not hide or flee the state. Your bail amount can be paid in cash or through a bond.

If you and your family can afford the bail, it is likely that you will pay it in cash as soon as possible. If you attend court when required, at the end of your case you will receive your money back. However, bail can be set at thousands or hundreds of thousands of dollars, making it extremely hard to pay in one lump sum. That is why bail bonds exist.

How Bail Is Determined

Some jurisdictions will have a bail schedule for certain misdemeanor charges. This is usually for relatively minor offenses. When there is a bail schedule, you do not have to go before a judge to have the amount set. The police will know the bail amount and you may be entitled to pay it with cash or a bond after you have been officially charged and processed by the police. This means you are able to leave jail prior to going before a judge for an arraignment. You will likely have to attend a court hearing within a couple of days of your release.

If a bail schedule does not apply to your situation, then you will have to wait to go before a judge to find out if you can be released on bail, and if so, the bail amount. It can take up to three days to go before a judge. At this time, you will be told the charges against you, reminded of your right to an attorney, given the option to ask for a public defender, and have bail set.

When A Court May Refuse You Bail

While a judge may have the discretion to release you from jail without requiring bail, conversely there are times when judges can refuse to release you on bail at all. You may be required to remain in jail while your case proceeds through the court system. A judge cannot deny you bail for any reason. There must be a legitimate concern with facts to back it up.

You may be denied bail if:

• There is evidence that you are likely and capable of fleeing the jurisdiction
• You are charged with a violent or sexual offense
• You are charged with a serious felony, whether or not it is a violent crime
• The death penalty is a possible punishment for the offense
• The judge is concerned for the public’s safety
• You were charged with this crime while on probation or parole

For more information on bail bonds, contact us at 801-266-7414.