While most people don’t break the law on purpose, you never know what’s ahead of you. There can be times when you might need a bail, for yourself or for someone you know and care about, and you will need to know about the process of getting a bail and the options the law offers someone accused of crime.
Understanding How the Bail Process Works
Once a person is arrested, they can go through a process that allows them to be released from jail, in exchange for a certain amount of money (called getting a bail). You can also get a bail if you pledge your property and sometimes even a promise of attending the court hearing can get you a bail.
The bail amount is usually set at an amount considering several factors such as the crime, the financial resources of the accused person, their criminal record etc. Basically, it is set as an amount that would convince the person to come for their trial in order to get their refund.
The bail serves as a guarantee that you will attend your court trials on time. Irrespective of whether the court charges you innocent or guilty, the bail will be refunded to you if you have attended all the trials you were called for. The amount or property you signed as collateral on your bail will be forfeited if you fail to attend your trial.
Learning about the imprisonment of someone you know and love can be very tough and you will probably do all you can to help bail them out. The first thing you need to do is get to the jail and inquire about what happened and if there is a chance they will be released on own personal recognizance, which means that they can get out of jail without paying an amount for bail, if they promise to attend their court dates.
If your friend, a member of your family or someone you know, ends up in jail and wants your help to bail them out, then you are most likely going to have to find a bail bondsman and co-sign a bail bond. Or you can even agree to sign a bail bond for someone if they offer you some cash in return. But before you do so, you need to think of how this is going to affect you, in case anything goes wrong.
From Los Banos, CA to the Constitution: Bail Bonds and Your Rights
In Los Banos, CA like everywhere, people end up in jail. Your legal rights in America are especially relevant at the time of arrest, when citizens directly interact with the police force and the criminal justice system, but are you familiar with what gives you your right to bail? Bail, money pledged by an accused person as a guarantee of their appearance in court, is a constitutional right that is guaranteed to arrested citizens provided they fit certain conditions. But it’s more than just a legal hoop you have to go through to get your court date, it has a long and complicated history that ensures you are fairly tried.
I once posted a bail bond on a defendant for $15,000.00 on burglary charges in Reno, NV. He was caught stealing money out of a tavern after hours. The indemnitor on the bail bond was the owner of a restaurant I that ate at on a regular basis. I had met this defendant several times in the restaurant in Reno, NV while I was eating there. The indemnitor on this bail bond didn’t know his friend was an escaped convict from a Utah state prison and wanted by the FBI for unlawful flight to avoid prosecution.