Given the complexity and nuances of the justice system, many people don’t pay attention to legal or judicial processes until they become involved in such issues. If you or a loved one gets arrested, whether for minor offences or serious criminal allegations, posting bail will likely be among your primary concerns. If you don’t want to spend precious time in jail while awaiting your court hearing, posting bail (if you’re allowed to do so) is a must. Here are some facts about bail that you need to consider:
How is the Bail Amount Determined?
Not all misdemeanors or crimes carry the same amount of bail. The bail amount set by the court largely depends on the defendant’s criminal history, the seriousness of the crime, the “flight risk” of the defendant, and the defendant’s financial status. Take note that the Eight Amendment of the U.S. prohibits excessive bail, so whatever bail amount you’re given has been carefully evaluated. For those who can’t afford to post bail, a bail bond from an established bondsman may be necessary.
When is Bail Not Applicable?
If you or a loved one is held without bail, the court has good reason for doing so and it’s primarily because they identified that: (1) there is a great risk that the defendant will attempt to flee, (2) the crime is very serious in nature, (3) the defendant is dangerous and can be a threat to the community, (4) the defendant has committed major criminal felonies in the past, and (5) the court believes that there’s a possibility that the defendant may attempt to destroy key evidence.