If the defendant doesn't show up, the court may keep the bail and issue a warrant for the defendant's arrest. Judges are responsible for setting bail. Because many people want to get out of jail immediately instead of waiting for a day or longer to see a judge , most jails have standard bail schedules that specify bail amounts for common crimes.
An arrested person can often get out of jail quickly by paying the amount set forth in the stationhouse bail schedule. If a suspect wants to post bail but can't afford the amount required by the bail schedule, the suspect can ask a judge to lower it.
Depending on the state's procedures, a request for lowered bail may be made either in a special bail hearing or when the suspect appears in court for the first time usually called the arraignment. The Eighth Amendment to the U. Constitution requires that bail not be excessive. This means that bail should not be used primarily to raise money for the government; it's also not to be used to punish a person for being suspected of committing a crime.
Remember: The primary purpose of bail is to allow the arrested person to remain free until convicted of a crime and at the same time ensure his or her return to court.
For information on what happens if the defendant doesn't show up, see Bail Jumping. So much for theory. In fact, many judges set an impossibly high bail in particular types of cases, knowing that the high bail will effectively keep the suspect in jail until the case is over. The U. Supreme Court has indicated that pretrial detention on the basis of dangerousness is not per se unconstitutional.
United States v. Salerno , U. Bailed-out suspects commonly must comply with "conditions of release. Their experience is unsurpassed and they make clients feel valued and heard.
I highly recommend them to anyone facing a litigation issue, they truly have their clients best interest at heart. Toggle navigation Menu. How Bail and Bail Bonds Work. Chances are you will have to get a bail bond to get out of jail if you or your loved one has been arrested for any type of serious crime. Upon appearing in court as scheduled, and as stated in the bail bond agreement, you get your money back.
Therefore, you will have to remain in jail until the date the court has set for your trial. Not being able to post your bail can be a difficult and stressful situation. It means you may have to remain in jail for months between the time of your arrest and the beginning of your trial. Because of this, posting bail usually becomes your first priority after being arrested.
Therefore, this is the reason people turn to bail bonds as a means to be released from jail. Also, all your personal items are impound. After this your hearing will be scheduled, where the judge will decide what the amount of your bail will be.
This usually happens within 48 hours after your arrest. Normally the majority of jurisdictions use a schedule for bail to decide the bail amount that should be set. The maximum sentence possible for for a felony is 3 years in jail. However, the judge hearing the case has considerable leeway when they decide to set bail. Frequently they will also take external circumstances into consideration when setting bail.
As an example, if this was your first offense, you are currently employed, and have a family in the area, the judge may decide to reduce your bail amount below the required amount. Speak to an experienced New York Criminal Defense attorney about your case.
Group Blog Contact. What is Bail and How Does it Work? How much is this going to cost? Call Us. The Bail bondsman will then secure the rest of the bail amount in the form of collateral.
If the defendant does not have enough collateral, the Bail Bondsman might seek out relatives and friends to assist in covering the bail. Oftentimes, an additional cash payment plus full collateral is required for a Bail Bond to be posted.
For example, John is arrested. Collateral could be in the form of a car, a house, jewelry, etc. Most surety companies including us, Surety Solutions, A Gallagher Company do not write Bail Bonds because of the underwriting problems associated with them. Bail Bonds are among the most hazardous of bonds to write. This is because if the defendant fails to appear in court, the surety bond company that issued the bond is liable for the full bond penalty. Of course, due to the nature of surety bonds, the surety company would seek out compensation from the defendant in order to recover any penalty they had to pay.
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