Bail is cash, a bond, or property that people accused of a crime give to
the court to guarantee they will appear for their trial when ordered to
do so. If the defendant fails to show up, the court can keep the bail
and issue a warrant for the defendant’s arrest.
When a person is arrested, a judge will determine whether to set bail for
the accused and how high it should be. Many jails have a standard bail
amount that specifies how much a person must pay to get out of jail before
even seeing a judge. If a person can wait, he or she will appear in front
of a judge, where the court will determine the amount usually needed according
to mathematical algorithms. Select information about the person will be
entered into a program, and a score or recommendation comes out. These
algorithms assess the likelihood the person will commit another crime
or fail to show up in court.
The 8th Amendment to the U.S. Constitution protects people from excessive bail
amounts, which means the government can’t use your bail primarily
to raise money. The payment is also not a punishment. The purpose of bail
is to prevent an arrested person from trying to avoid a fair trial while
allowing him or her to go home. However, many judges might set impossibly
high bail in particular cases, knowing the bail will effectively keep
the suspect in jail until the case is over. This action is constitutional
if a judge believes the defendant is a danger to himself or others.
Bailed-out suspects must also comply with different conditions of release.
If a defendant violates a condition, a judge might revoke bail and order
the suspect to be arrested again and returned to jail. Some bail conditions
are simple, such as obeying all laws. Others might reflect the crime for
which a person was arrested, such as not contacting the alleged victim
in a domestic violence case.
After the trial is over and all required court appearances have been made,
the court returns the bond in full to the suspect. However, if he or she
used a bond seller to raise money for the bail, the seller will usually
take a percentage of the bail amount.
Last, sometimes people are released on their own recognizance. This condition
means the defendant only needs to sign a promise to show up in court and
is not required to post bail. Usually, a defendant will ask for release
on his or her own recognizance when they make their first court appearance.
If you’ve been arrested and are accused of a crime, don’t hesitate
to give us a call. Our
Corpus Christi criminal defense attorneys are dedicated to defending the rights and freedom of our clients. Let
us see what we can do for you.
Contact us
at (888) 907-8994 or fill out our online form to schedule a free case consultation today.