Being arrested is likely an unexpected and traumatic experience. One of your top concerns when this happens might be getting out of jail while your case is moving through the criminal justice system.
There are several ways that this might happen. One of these is that the court will allow you to get out of jail on your own recognizance based on a promise to appear in court. Another option is that you’ll have to pay bail, which is done using money or assets that meet a certain value.
How is bail set in criminal cases?
Bail is sometimes set at a universal amount for a specific charge, which means that anyone with that charge would pay the same bail. Another way it’s set is through a bail hearing, which involves going to court and making a case so the judge can set the bail amount.
How is bail posted to secure release?
Once you know the bail amount, you can give cash or assets to the court to secure your release. If you show up for all the court hearings through the end of your case, the bail you put up is released to you.
What happens if you can’t afford bail?
If you can’t afford to pay the entire bail, you may be able to use a bail bondsman. This person gives a bond to the court on your behalf and in exchange for a fee, which is typically 10% of the bail. The bondsman is responsible for making sure you appear in court. They have to pay the full bail if you don’t appear in court. Alternatively, they can turn you into the court. Unlike paying bail straight to the court, you don’t get the fee back after you attend all court hearings.
From the start of your criminal defense case, it’s best to have a legal representative to help you develop your defense strategy. They can assist with everything from the bail hearing to the plea deal or the criminal trial. There is too much at stake to risk navigating this situation alone.
