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Bail

Bail allows people who have been arrested to remain out of jail while waiting for trial. It can be paid by friends, relatives or the person accused of a crime. In fact, anyone can bail another person out of jail.

Many people who are not willing or able to come up with bail money on their own seek the services of bail bondsmen, who post (pay) bail for a fee. The bail bond fee is usually about 10 percent of the total bail amount, although the fee can vary depending on the circumstances. A bail bondsman can help you understand your rights and can assist you with the bail process.

Miranda Rights

In the landmark 1966 case Miranda v. Arizona, the Supreme Court ruled that police must inform suspects of their legal rights before arresting them. These rights, which have since come to be known as "Miranda rights," consist of the following:

  • You have the right to remain silent and to refuse to answer questions
  • Anything you do say may be used against you in a court of law
  • You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future
  • If you cannot afford an attorney, one will be appointed for you before any questioning (if you wish)
  • If you decide to answer questions now without an attorney present, you still have the right to stop answering at any time until you talk to an attorney

Prior to Bail; the Arrest Process

During the arrest process, the police are required to read the legal rights of the accused aloud; these are known as Miranda rights. Once arrested, the accused is taken to a jail facility and "booked," which is essentially an administrative procedure.

The Bail Process

Bail is a right protected by the U.S. Constitution. It is a "surety bond" (usually in the form of cash) that the court holds to ensure that the person accused of a crime shows up for required court appearances.

Most people who are arrested have the opportunity to "post bail." Posting bail allows the accused to remain free until trial. A judge determines the amount of bail after the arrest and booking processes have taken place, and the bail process usually begins within 48 hours; however, in some circumstances, and usually with the assistance of a professional bail bondsman, it can begin in as little as one hour.

If the crime is relatively minor, or if the judge believes that the accused is unlikely to flee, he may be released "on his own recognizance." In this case, no bail is required.

Determining Bail

Courts take several considerations into account when deciding how much bail the accused must pay to get out of jail. For common crimes, many courts use a "bail schedule." Bail schedules consist of a list of crimes and the amount of bail that must be posted for those crimes. While they are widely used for more common crimes, bail schedules do not cover all offenses; when a person is accused of a crime not covered by the court's bail schedule, the judge will determine the bail amount that must be paid.

History of Bail

The origins of current U.S. bail law can be traced to 17th Century English law. The Habeas Corpus Act of 1679 required that authorities release prisoners "with one or more Surety or Sureties" (money or something else of value). Ten years later, the English Bill of Rights required courts to make bail fair and affordable. The Eighth Amendment to the United States Constitution, which also protects defendants from excessive bail, was based on this English law.

The amount of bail money held by the court depends on a number of factors, including the severity of the crime, prior convictions and the potential risk of flight. If the accused appears at the required court hearings, the court refunds the money to the person or company who provided the bail. If the accused does not appear, the court keeps the money.

Bail Bonds

There are two ways to post bail:

  • The accused can pay the required bail with his own funds or money borrowed from family members or friends
  • Or the accused can use a bail bond agency to pay the bail in exchange for a fee and collateral; this is known as a bail bond. In return for this service, the person requiring the bail bond usually must secure the loan with some type of collateral and pay the bail bondsman a non-refundable fee equal to about 10 percent of the total bail amount

After Bail is Paid

Once bail has been paid, the accused is free to go but must appear at the next scheduled court appearance. When the accused appears in court at the scheduled time, the bail that was paid is refunded to whoever paid it.

In cases where the bail is posted by a bail bondsman, the bail is returned to the bail bondsman who then returns the collateral to the accused, minus the fee that the accused was charged by the bail bondsman to supply the bail bond. However, if the accused fails to appear in court, a warrant is issued for his or her arrest, and the court keeps the money; in addition, the accused forfeits whatever collateral he or she provided to secure the bail bond.

Common Questions About Bail

Is bail the same in every state?
No. Bail varies from state to state and even county to county in some cases. To determine the bail procedures in your county or state, you may want to contact a bail bondsman in your area.

How is the amount of bail determined?
In some cases, the judge decides how much bail the accused must pay. However, with common crimes, many courts use a bail schedule.

How soon can I get out?
You will be released from jail as soon as your bail is paid.

Can I pay bail by myself (without a bail bondsman)?
Yes, bail can be paid without using a bail bond, in which case the bail money is returned when the accused appears in court at the scheduled time. If the accused cannot or does not wish to pay the bail amount with his own funds, he may secure a bail bond, which typically includes a non-refundable fee of about 10 percent; this fee varies from bail bondsman to bail bondsman.

Your Rights Regarding Bail

Except in cases where bail is determined according to a set schedule, bail is at the discretion of the judge. However, the Eighth Amendment forbids the court from assessing "excessive bail." To learn more about your rights and the bail process contact a bail bondsman in your area today.