If you or a loved one has been arrested, you may have a lot of questions, especially about bail. While some people must stay in jail before their hearing, bail allows many people the freedom of going home. If you would like to know more, check out these four commonly asked bail questions.
1. What Is Bail?
Without bail, you would get arrested and await your trial in jail, which could take months or years, depending on the circumstances of the case. The time you spend awaiting your trial is put toward your sentence if found guilty. Therefore, if you wait three months in jail for your hearing and are sentenced to six months, you've already completed half your sentence.
Most people, however, want to get out of jail and spend time at home to prepare for the hearing, especially if you are innocent of the crime for which you are accused. To do this, you must post bail, which is a monetary amount the courts assigned. The courts allow this because bail is a good incentive for you to attend your hearing; if you don't attend the hearing, you lose the bail money.
The bail amount is often pre-set for many crimes, which streamlines the process, so you can get out of jail and back to your regular life sooner. However, in extreme cases or for abnormal crimes, you may have to wait in jail to talk to a judge before being released.
2. How Do You Pay for Bail?
You can pay bail in many ways. Naturally, you can use your own money, or you can borrow from a loved one. If you don't have enough cash, you can use collateral, such as a house, to serve as bail. The money or collateral is returned after your hearing unless you run. If you pay the money yourself, however, you have to pay the full bail amount up front.
If you can't afford this, you may consider a bail bond agent. Bail bond agents offer surety loans for bail. They pay the full amount, and you pay a 10 percent fee. The fee is non-refundable. If you refuse to attend your hearing, they may send someone to find you or revoke the bond, which would mean you go back to jail.
3. What If the Bail Is Too High?
In some cases, bail is too high to pay. Even if you hired a bail bond agent, the 10 percent fee may be too much because of the total cost of the bail. However, you do have the right to request a bail reduction hearing. The downside is that you must wait in jail for a judge to hear your case, which could be a few hours or a few days.
The goal of a bail reduction hearing is to prove that the court made your bail so high that you can't pay it, thus rendering it pointless. Your attorney may even argue the courts basically denied bail because of the bail is ridiculously high.
However, this doesn't mean your bail will go down to nothing. The courts have a legal right to set bail high enough to force you to "go to great lengths" as long as they don't violate the Bail Reform Act.
4. Can Bail Be Increased?
Outside forces can also increase your bail. For example, if the alleged crime has victims and their injuries got worse, the courts may increase your bail to better fit the crime and potential punishment. Your past criminal record also plays a role, and the judge may even call you back from parole or probation to put you back in court.
Finally, if the courts see you as a threat to public safety, your bail may be fully revoked. If it isn't, expect the bail amount to be set high so the incentive for you to attend your hearing is greater.
Bail is common, and you can post bail in many ways. Plus, if you feel the bail is too high, your attorney may be able to get it reduced. If you would like to learn more, contact us at the Kanehl Law Firm PLLC today.
Phone : (580) 475-0070
Mobile : (580) 786-8122
Fax: (580) 786-5077
Address: 1111 West Willow Ave., Suite 200 Duncan, OK 73533