The first thing a person thinks about when getting arrested is when and how they are going to get out of jail. One of the more common ways to do this is to post bail. Bail is either property, cash, or a bond that the arrested individual gives to the court in exchange for his or her release. Bail is viewed as collateral to the court as it ensures the arrested individual will return to court on his or her court date.
How is Bail Determined?
Judges are responsible for determining bail. Most jails have bail schedules that set bail amounts for specific crimes in order to aid in the process of someone who wants to post his or her bail quickly to get out of jail as soon as possible.
If the arrested individual wants to post bail, but is unable to afford the bail amount, it is possible to speak with a judge and ask him or her to lower it. The suspect may request a lower amount for bail during a bail hearing or during his or her arraignment, which is the first time he or she appears in court.
Are There Limitations on the Bail Amount?
Judges are not allowed to set your bail to an excessive amount thanks to the Eighth Amendment of the United States Constitution. This is to prevent the judge from using the bail to raise money for the local government. This is also to prevent the bail amount from being used to punish the individual who committed the crime. In fact, the main purpose of bail is to make it possible for an arrested individual to be free until they are convicted of the crime, while ensuring that he or she returns to court.
What Happens If You Don't Go Back For Your Court Date?
Not returning for your next court date after posting bail is known as jumping bail. Jumping bail is illegal. When you jump bail you will forfeit any bail bonds, still have to face the charges of the crimes you were originally arrested for, and you may face additional charges for jumping bail. Once you do not show up to your next court date, a warrant will be issued for your arrest for failure to appear.
Can Bail Ever Be Denied?
Unfortunately, judges do have the right to deny bail. If the suspect is denied bail, he or she will have to remain in jail until his or her court date. Judges can choose to deny bail if a person is a flight risk, committed a serious crime, was already on parole or probation, or poses a risk to society.
If you need help coming up with bail, talk to a company like 24/7 Upper Marlboro Bail Bonds.
I am a real estate attorney, and I have been helping clients buy and sell property for many years. Some clients do not realize their legal obligations and options when it comes to purchasing or selling a house or land. I hope that this blog will be a way for people to get information about legal issues in real estate and what they need to know when doing business. Buying and selling property can be complicated, and all parties involved have legal obligations. Know what is expected of you, and you will be able to get the best out of your real estate transactions.