If you or someone you know has been thrown into jail, it can be a very stressful time. The first thing you are going to want to do is see how you can get released and figure out what your next steps are. The conditions of your release can differ depending on what you have been charged with, if you have a history of criminality and your financial position too. Once you are in jail chances are that you will hear the words bail or bond being mentioned. These are both ways that can get you released and involve funds to do so, but both are very different.
The first thing you need to find out once you have been arrested is if you are able to post bail. Posting bail means getting released and there tend to be some conditions attached to this.
What is bail?
Bail is a monetary amount set by court as a condition for the person in question to be released from jail on a temporary basis. When someone is arrested, a judge will look at their case and might decide to set bail which will be set with the condition that they appear in court for their trial or legal proceedings in due course.
It means that the person who has been arrested does not need to be in custody while awaiting their trial and can instead head home while they await this date. The purpose of this is to preserve the accused's right to remain innocent until proven guilty, allowing them to continue their life until a proper trial can take place. Yet with this in mind, there are also conditions that come with the bail and it is set based on the risk of the person offending again, if they are a flight risk if they are considered dangerous to the community and those around them and how severe the initial crime was. This is so that people are protected and someone who is considered dangerous or who might flee is unable to do so.
Bail tends to be set at a specific monetary value that the person in question needs to pay in order to be released. The amount it costs can differ from state to state, but the median amount tends to be around $10,000. This money will then be given back to you if you paid and attended all of your required court appearances. If you miss one of them, the money will not be returned and a warrant for your arrest might be issued so it’s very important that you attend all of your court dates no matter what. Also keep in mind that depending where you live the amount of bail may be higher or lower and the specific procedures and guidelines set out for you to pay might also be different. This is why it’s important to find out about the specific rules and laws where you are living to find out what is applicable to your case.
Many people choose to opt for bail as it means they can get out of jail while they are awaiting trial. This helps them to prepare and be in a better mindset. A negative point however, can be that depending on the terms, bail can be very expensive and not everyone can afford it. Going off of the “innocent until proven guilty” logic, this can make it an unfair and unattainable option for some.
What is bond?
Some people can mix up the difference between bail and bond. While bail is a monetary amount that is paid and then refunded, a bond is a financial amount provided by a bail bondsman to help secure your release. They essentially pay the full bail on your behalf. This tends to occur if you are unable to pay the full bail amount that has been set, perhaps you are more financially hard done by or just don’t know anyone who can help you out of the situation. The bondsman who is working on your case will typically charge a fee that is a percentage of what you owe This tends to be around 10% and they may also ask you for collateral such as assets to secure the bond which you will get back once the bail has been paid back to you.
As stated above, with bail, the conditions state that it will only get returned to you if you attend all of your court appearances and the bail bondsman is in charge of ensuring you do this. If the defendant doesn’t appear when they are supposed to, they will often use the collateral to pay the bail costs which means you won’t get this back. Bail bonds can differ greatly depending on what your charge is, the severity of your crime and whereabouts you live. Some states don’t allow bond services, while others can have different rules in how it works.
The bail bondsman might be required to pay the full amount of bail in cash, for example. It’s down to you to find the exact terms of the bond and what is required for this. If you do attend all of your court appearances as you are supposed to and do get your bail amount back, the fee for your bail bondsman will be deducted from this and you won’t get this back.
The benefits to being released on bond is that if you are not wealthy enough to afford full bail yourself, you will still be able to get out of jail while awaiting your court date. This means you can prepare your defence and remain with your family putting you in a much better position for fighting your case.
You aren’t stuck in jail and instead can access resources that might help you, as well as be in a much better mental state of mind from living a bit of a sense of normality while you are trying to get ready to face the judge. Negatives can be that you lose out on a chunk of the bail as they charge this from you.
How is the amount of bail determined?
Some might think that the amount of bail you have to pay back is a set amount for every case, when in actual fact there are several factors which determine how much it is. This includes:
How serious the crime was
There are many levels of crime out there, from less serious felonies such as petty theft to serious crimes such as battery, violence or high levels of fraud. The worse your crime is considered to be, the more bail you tend to have to pay. In essence, the amount reflects the severity of what you have done.
Whether you are a flight risk
If you are someone with no ties to the community, no family and nothing to keep you where you are, you are likely to be considered a high flight risk. In this instance, the amount of bail is likely to be higher to deter you from going anywhere as you’re going to want that money back once your court appearances are over.
Whether you have a criminal history
If you have a criminal history already, the judge will take this into consideration. They will look at things such as what your prior convictions were and if you turned up to your court dates for these. If you didn’t, they are likely to charge more bail than if you turned up to everything on time and when you were supposed to.
Your financial status
While a judge will try not to charge you something beyond your means, they will also look at your financial status to determine an appropriate figure. If you are someone with a lot of capital for instance, they want the bail amount to be enough of an incentive to turn up to court. Too little and it could mean the accused turns to a flight risk as they won’t miss the amount that they have been charged bail.
Your community standing
This ties into whether or not you are a flight risk or not. If you are someone that has integrated into your community, for example with friends and family that live there, a job in your hometown and other similar commitments, you aren’t considered as risky as someone without all of these factors. The more of a risk you are perceived to be, so the less you integrate in with your community, the higher your bail charge is expected to cost.
We hope by now you know the difference between bail and bonds and what they refer to. To find out more about bail bonds and what they can do for you, as well as hire one for yourself or someone you know, please get in touch with us at Mr Nice Guy Bail Bonds. Our friendly and knowledgeable team are here to help you out with all you need to know and can answer any questions you may have.
