A person’s first thought after being arrested and put in jail is often how to get out and fast! The usual way to do it is to post a bail.
Bail is cash, a bond or a piece of property that has a cash value, that a defendant gives as a guarantee that he or she will appear in court when ordered to do so. In general, if a defendant shows up to court when he or she is supposed to after being released from a jail, the court will return the bail. BUT if he or she DOES NOT show up, the court will keep the bail and most likely issue a warrant for the defendant’s arrest.
Judges are responsible for setting a bail. Commonly many people want to get out of jail immediately instead of waiting a day or longer to see a judge, that’s why most jails have standard bail schedules that specify bail amounts for common crimes. Where a defendant poses a threat to the safety of the community, he or she may be held without bail.
After being released a defendant may be required to: limit travel; maintain or seek employment; undergo drug and alcohol testing; comply with a curfew; comply with periodic check-ins with authorities; refrain from possession of a firearm etc.
Bail can take any of the following forms:
- cash or check for the full amount of the bail;
- property worth the full amount of the bail;
- a bond (that is a guaranteed payment of the full bail amount)
- released on your own recognizance ( signing a statement that says you will appear in court at the required time)
Getting out of jail FREE. Sometimes people are released on their own recognizance. A defendant must simply sign a promise to show up in court and is not required to post a bail. In general, defendants who are released on their own recognizance have strong ties to a community.
If you got in trouble and need any legal help, we are here to help you. Do NOT hesitate to contact us on Legal Bistro website and let qualified lawyers compete to handle your case!
To get more detailed information about the process of setting bail please watch our video: