One of the most pressing questions a person has when they’re arrested and placed in jail on a criminal charge is how they’re going to get released. Most people don’t want to sit in jail while their case moves through the criminal justice system because of how long it may take.
The way to secure a release from jail is by having a bail set. This is a monetary assurance that’s provided to the court as a way to ensure the defendant will appear at their hearings. In some cases, the person can use assets, such as real property, to meet the bail amount.
Some bails are set according to a set schedule, so anyone facing the specific charge will have the same bail. In other cases, a hearing is needed to set the bail. This is often the case when there are serious mitigating factors.
What if a person can’t afford the bail?
If a person can’t afford the bail amount, they may be able to work with a bail bondsman. This is an individual who accepts a partial payment, usually 10% of the bail amount, to secure a person’s release. If the person appears at all their hearings, they won’t receive the money back. Instead, it is kept as payment for securing the release.
Is bail always required?
In very limited cases, a person may be able to receive a release on their own recognizance. This means that they provide a promissory note that states they will attend their hearings or they will be subject to arrest.
When bail is costly or if there is a bail hearing, it may be beneficial for the person to have someone who understands this process on their side. This can help them to explore their options and decide how to proceed.