Nobody wakes up with the thought in their head: I’m going to get arrested today. When it happens, it’s usually a surprise, as well as a complicated one at that. Once in prison, you may wonder how you can get back out, and your loved ones may be thinking the same thing. A parent may be scared about the outcome of their child’s life. A spouse may be worried about how this will impact all faucets of your life as well as a career and be willing to help. How is it done?
Bail and Own Recognizance
The most well-known way for somebody to get out of jail is through posting bail. But what is bail? Bail is most commonly cash, or sometimes a valuable piece of property, that is pledged to the court as a promise that you will return to court when you are ordered for your crime. In a lot of cases, if you show up to court for your date as promised, the court will even return your bail money or property. However, if you fail to appear, your bail will be forfeited and an arrest warrant or other criminal charges could be issued.
Unfortunately, in being able to post jail, you will commonly have to spend a day or two in prison. This is due to the fact that you must see the judge about posting bail before it is actually submitted. You may worry that your bail amount will be a phenomenal amount, but the U.S. Constitution protects you from this. They have established that no person can have an excessive bail amount set against them. However, if you are deemed a flight risk or you have committed an extremely violent crime, your bail could be set very high or denied altogether.
You could also be released under a theory of your “own recognizance.” This means that the court sees you as a trustworthy figure and no money may need to be pledged to guarantee your return. However, you still need to sign paperwork that shows the court that you will appear when called.
No wonder what option you decide is best for you, it is important to speak to a criminal defense attorney about your case. We can help you in regards to the bail process as well as the entire legal process in general. We are willing to help, so give us a call as soon as possible.