Arrest and bail are things only a small percentage of us will thankfully ever have to experience. Be that as it may, it’s never a bad idea to know what to expect and arm yourself with knowledge should you or a loved one ever require a bail professional in your corner. One such understanding is the fact that some offenses are considered “un-bailable”. This means, just as the term implies, that those who commit these crimes won’t be afforded the luxury of posting bail and getting out of custody.
Of course, the justice system and all of its rules, regulations, and loopholes, can be confusing to say the very least. That’s where our team would like to help! Read on for a bit of an unpacking of what constitutes both bailable and non-bailable offenses and don’t be caught off guard the next time you or a loved one face incarceration.
When someone commits a bailable offense, they can be detained by a police officer and held in custody until they can be brought before a court. In these cases, courts will typically determine that the arrested party can either post a personal bond, in which bail is not posted, but a promise is made to attend all necessary court dates, or file for a bail bond. Police officers in this scenario are able to grant bail if they feel it is in their detainee’s best interests to do so. They can even impose certain conditions onto the bail as well such as the forfeiting of a passport or the requirement of regular reports to the station.
In many cases, they can also require that a person stand in as a surety for the arrested part. A surety refers to when another person close to the arrested party promises to pay the court should the defendant not appear for their court dates.
In contrast to bailable crimes, non-bailable offenses ask the courts to determine whether they grant or deny the posting of bail as opposed to defaulting to the officer’s judgment. Crimes that negate the ability to post bail typically involve anything that can be punishable by death or imprisonment for life. In fact, if the defendant at any time has been charged with an offence punishable by death or life imprisonment or has faced two or more previous non-bailable offences, they can also forfeit their right to post bail.
These cases all seem to be played by ear depending on the individual crime, the defendant, their record, and a number of other variables. However, there are also some crimes that immediately withdraw the option to post bail regardless of what a superior officer or court official has to say. These include terrorism, rape, murder, attempted rape, and attempted murder. Those who post bail and commit another crime will also not be afforded the ability to post a second time.
Arrests and detainment can be sticky situations for more than one reason. Needless to say, knowing what to expect if you or a loved one face these unfortunate circumstances can save you quite a bit of trouble when reaching out for bail or even an attorney!