Do you know someone who has been arrested and held in jail? Or are you wondering what will happen if you ever get arrested?
It’s not only a stressful experience but can also be overwhelming, especially when it comes to understanding bail.
Knowing what offenses qualify for bail and how the process works can make all the difference.
In this blog post, we’ll dive into the world of bail bonds and help clear up any confusion so that you’re prepared if ever find yourself facing such a situation.
What is Bail?
Bail is money or some other form of property that is given to the court to guarantee that a defendant will appear for their trial.
Sometimes, the defendant will not appear in court for their trial. If this does occur the court can keep the bail and issue a warrant for the arrest of the defendant. Bail is typically set by a judge during a bail hearing.
The amount of bail is based on the severity of the crime. Other factors are the risk of flight and the defendant’s criminal history. Some people are able to pay their bail themselves whilst others will have to turn to services such as Alanas Bail Bonds or similar ones to them, to be able to get out until their court date.
There are many offenses that you can be bailed out of jail for, including –
– DUI
– Traffic offenses
– Minor crimes
– Violent crimes
Types of Bail
Cash Bail
The court will set a specific amount of money for the bail. This has to be paid for the defendant to be released from jail. This money is typically held by the court until the case has been completed.
Surety Bond
A surety bond is when someone else agrees to pay the bail amount if the defendant does not show up for their court date. The person who cosigns the bond is responsible for making sure the defendant appears in court.
Property Bond
A property bond is when the defendant or a cosigner pledges property, such as a house or car, as collateral to secure the bail amount. If the defendant does not appear in court, they may forfeit their property.
Release on Personal Recognizance
This is when a defendant is released from jail without having to post bail because the judge believes they will show up for their court date. The judge may consider factors such as employment status, ties to the community, and criminal history when making this determination.
What Offenses Qualify for Bail or Not?
When it comes to bailing someone out of jail, not all offenses are created equal.
Some crimes are serious enough that the court will not grant bail, while others are more minor and will result in a set bail amount.
Murder: This is the most serious offense on the list and usually does not qualify for bail. They will more than likely remain in jail until the date of their trial.
Rape: Like murder, rape is a very serious offense that often does not qualify for bail. This is because there is a risk that the accused could flee if released on bail, and also because victims of rape often have a hard time testifying against their attacker if they are out on bail.
Armed robbery: This is another serious offense that typically does not qualify for bail. The potential for violence, if released on bail, makes this a high-risk crime, and courts will usually keep suspects in jail until their trial date.
Burglary: Burglary can be either a misdemeanor or a felony depending on the circumstances, but it generally does not qualify for bail unless it is a first-time offense or the value of what was stolen was relatively low.
DUI: Driving under the influence (DUI) is usually considered a misdemeanor offense, but it can still result in jail time if the offender has multiple DUI offenses. In most cases, bail will be set for DUI offenders depending on the situation.
Drug possession: Possession of illegal drugs is usually considered a misdemeanor offense, and courts will typically grant bail for this crime. However, the amount of bail might be higher if there were large amounts of drugs found in the offender’s possession.
Being denied bail does depend on the individual, but serious crimes will normally mean that the defendant will have to stay in jail.
Conclusion
Understanding how the bail process goes will help you know what you are up against if you are ever in that predicament.
Knowing what offenses are eligible for bail and how much it will cost can help you make an informed decision about your situation.
While not all offenses have the possibility of being bailed out, those that do still require payment in order to secure release.
Be sure to consult with a knowledgeable attorney if you have any questions regarding your own eligibility for bail or need assistance figuring out the costs associated with securing it.
