There are some things that happen before bail becomes relevant in a criminal case. There are certain procedures that must be followed and abided by, such as placing the defendant in police custody (also known as booking). When all of this is said and done, bail comes into the picture. But what is bail?
Bail is money or property that is deposited with the court so that the court can make sure the defendant will return to court when they are required to. If the defendant comes to their remaining court hearings, then they will receive the bail at the end of the case, even if they are convicted. However, if they violate their bail conditions or do not show up at court, then the bail will be forfeited. Bail is usually given as cash or a piece of property that has cash value. On top of not receiving bail if you don’t show up to the hearing, the court could also issue a warrant for your arrest.
How Bail is Determined
Bail usually varies based on the state you reside in, as well as many other factors. Judges use what is called a ‘bail schedule’ to make many determinations. This schedule is affected by the defendant’s criminal record, seriousness of the offense, and the suspect’s ties to their family and community. The judge especially takes the severity of the crime into consideration because, if somebody committed a particularly violent crime, bail will be enhanced tremendously. If the judge believes that there is a huge flight risk by the defendant, they want to make the bail amount enough that the person will not flee.
Posting bail is securing your release. You can pay the bail amount by cash or check, sign over ownership rights of your property, give a bond, or sign a statement that promises you will appear when ordered. When it comes to posting bail, the easiest and most beneficial type is getting released on your own recognizance. Because bail can sometimes be a confusing matter, you should speak to us today about your options. At The Law Office of Peter Blair, we understand your case and can help you every step of the way.