subject: Criminal Defense Attorneys And Bail Bonds [print this page] No one wants to face arrest or experience the harsh reality of jail time. If you find yourself or anyone you may know in this situation, it is very important that you know how to navigate all of the ins and outs of this legal situation. If taken to jail, you will need to be aware of how the bail process works in order to get out of police custody. Each state and many counties have differences in how they handle the situation, so you must be aware of policies in the location where you have been arrested.
When an individual is arrested, they will be taken to a jail for booking and holding. Often, the individual will be able to get out of jail by paying a fee known as bail. Paying this fee allows a person to be released from jail while they await their trial. Many times, it is several weeks or months before the trial date, so bail allows the accused individual to go about their lives while they await this date. Bail can be posted by the person arrested, a friend or family member, or anyone who can afford to cover the cost of this fee. Because this fee can be more than many individuals can afford, often it is necessary to get help from a bail bond agency or defense attorney to get this fee paid.
How is bail amount decided? Different factors are considered when a judge is deciding the amount of bail. The seriousness of the crime is one of the main things considered. Also, having a record of past offenses can affect an individual's bail amount. Even flight risk is considered. If you are someone that the judge thinks may try to leave town, you may find yourself with a higher bail amount to keep you in custody. The Eighth Amendment to the constitution protects a defendant from excessive bail. Sometime the amounts are set based on a schedule of fees, but often it is the judge who makes the final call. Bail amount will be refunded to the individual or the person that covered the cost if the court dates are met.
If the cost of your bail is beyond your financial means, you will need to get a bail bond. This involves hiring someone to pay the fee to the court in order to release you from jail. Bail bond agencies charge a fee based on the amount of bail assigned in order to provide the funds for you. This can add extra cost to an already costly experience.
Another option might be that your attorney can pay the bail for you. This way, the money paid can be part of the cost of hiring a criminal defense attorney to defend your charges in court. Since they will be the ones handling your defense from start to finish, your lawyer is the best place to start when considering how you will post bail and be allowed to leave police custody. Should you find yourself in need of a bail bond, contact a defense lawyer that you trust and allow them to walk you through the process starting with the bail bond that allows you to walk out of jail.