No one wants to face the frightening experience of being arrested and taken into police custody. If you or someone you are acquainted with has been arrested it is important that this complicated legal event is handled correctly. Each state and even many counties have their own processes and procedures, so you need to find out the specifics of bail in your location of arrest.
Standard procedure when a person is arrested is that they will be taken to jail where they are booked on the crime and held until formally charged. It is possible in many cases to get out of jail by paying a fee, known as posting bail. Paying this fee allows you to be freed from jail while waiting for a court date which can be weeks or months after the time of arrest. Anyone can pay the bail fee. If you or a friend or family member has the funds, you can cover this fee yourself. However, many people have to find help with this often large cost. A bail bond agency or defense attorney may need to get involved to help you get the money to pay your bail.
The amount of bail depends on several different factors. One of the main factors considered is the severity of the crime. When setting bail costs, the judge may also consider any prior convictions on the defendant's record as well as the potential of the accused to disappear. The judge will make this decision based on their discretion and will sometimes use a set schedule for bail fees. However, the accused is protected from excessive bail thanks to the Eighth Amendment. As long as the defendant appears at the scheduled court dates, the bail will be refunded either to the individual who paid the fee, or the agency that covered the cost.
If you are unable to post your own bail, you may have to get someone to help you with a bail bond. Getting a bail bond involves hiring someone to pay fee that is paid to the court in order for the accused to be released. If a bail bond agency is hired, a fee is charged in addition to the amount of bail, for the agency to provide the money needed. The bail amount is held by the court until the individual has completed their criminal trial.
A better option for you might be to hire a criminal defense attorney to defend your case as well as to post your bail. In this case, they can get you released from jail and begin to prepare a defense for your case. Often times, the bailout fees charged by the attorney can be applied to the cost of hiring the attorney to defend you in court. It is a smart decision both financially and legally since your lawyer will be the one by your side through the process. If you should find yourself in jail and in need of bailout assistance, a criminal defense lawyer is a good call to make.
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