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Bail: Getting Out of Jail After an Arrest 

by Richard J. Banta | Aug 14, 2020 | Uncategorized

Criminal Defense Lawyer

No one like being put in jail. When someone gets placed in custody of law enforcement, their initial desire is to be released expeditiously. Bail is how this release is made possible, and for those arrested, bail will become your best friend after an arrest is made. Bail is an amount agreed upon by the defendant and the court that says the defendant will pay this fee to be released from jail and this fee guarantees the defendants presence in the court on their court date; a vow to the courts. To get bailed out of jail, you must pay with cash, a bond, and some people pay with their property. There will be a warrant issued for the defendant’s arrest and court will keep the bail in the event that the defendant doesn’t show up to their court date. Once that warrant is issued, the defendant can be arrested at any point and then forced to appear and court. However, the bail money has been forfeited.

Sometimes, jails have schedules for their bails that has a list of estimated bail amounts for specific crimes. This list will show which crime that has been committed and they typical bond amount for that offense. This gives you a chance to pay your bail without standing in front of a judge to hear your bail and also gives you the chance to be released sooner than you expected. The that has been arrested pays their bail amount that is listed can be released from jail expeditiously. The defendant can even ask for the bail amount to be lowered if they do not have the sufficient funds to pay for it, but it ultimately depends on the severity of the crime and the laws in that state or jurisdiction. Their request for a lower bail amount will be determined at their arraignment, or if they have a special bond hearing it will be determined there.

There are cases where a judge knows the bail amount is not attainable but has been set to legally keep the defendant in police custody even longer. This may not be seen as ethical or even constitutional in most eyes, but this is used as a tactic to slightly punish the defendant before the see a judge, courtroom, or jury. This “unethical” act is secured by the Eighth Amendment, which states that bails should not be extreme. 

If you’ve been arrested for a crime, a criminal defense attorney, such as from The Lynch Law Group, can provide the legal help you need. Contact a law firm today.