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What the Judge Considers When Deciding Bail

When it comes to bail, there are a number of factors the judge takes into consideration when setting the bail. The reason the judge sets the bail is to ensure that you, the defendant, show up on your court dates. The money is released to you or your bail broker afterwards. If you are waiting for your bail to be posted, it’s best to have an idea beforehand on how the system works. So, what does a judge look at when deciding your bail? Read on and find out what to expect out of the court system.

Severity of the Charge

The kind of crime committed by the accused will help determine the bail amount. Depending on the intensity of the charge, the judge can increase the amount to a figure the accused can’t afford. In the case of a felony charge such as murder, the judge is likely to deny bail to the accused.

Criminal Record

When a bail is set for an individual, someone with a criminal record will have a higher bail than those with a clean record. Also, if the accused has other ongoing cases or even parole, bail may be denied all together.

Flight Risk

If the accused is someone who has skipped a court appearance before, then the judge is likely to deny bail. Not only that, but if the defendant is seen as someone who is likely to flee the country to avoid the court proceedings, it is more likely that bail will be denied. In addition, if the accused is not a US citizen, they will not be granted bail. Even further, the individual will be deported to their country indefinitely.

Witness and Public Relations Interference

If the judge were to believe there is enough evidence that the individual accused will interfere with a witness, bail will likely be denied. For instance, if the person accused were to receive witness information, then there could be a high chance of the accused contacting the witness, which can reduce the case’s strength. The reason behind this is if the accused were to try to persuade the plaintiff to settle, then the whole case could come tumbling down.

In the case that you were to receive a bail option, it is crucial to choose the right bail bond company. That’s where we come in; here at Troy’s Bail Bonds, we have years of experience and are here to help you get out of a bind.

The Do’s and Don’ts While Out on Bail

If you have just been released on bail, it is more than likely that you have an abundance of burning questions. You appreciate the freedom of not being stuck in jail, but at the same time, you feel limited and uncertain of what you should and shouldn’t do. Being released on bail can afford you the opportunity to continue your life while awaiting trial. Nonetheless, many people feel that they are stuck in purgatory, unsure of what should be considered normal for them. Fortunately, we are here to answer some of those questions.

The Do’s

Try to maintain your regular routine. Going to work and keeping to a schedule can show that you are a productive member of society, which can really work to your benefit during the actual trial. Furthermore, working can keep you out of trouble and your mind busy from the stress that the impending trial can have on you.

While out on bail, be sure to keep your bail bondsman and attorney updated. Communication is key during this time and can help establish trust. Let them know if anything changes such as phone number, plans, addresses, and so on.

We also recommend that you spend as much time with your family as possible. Your loved ones will provide you with the support that you need during this difficult time. Also, once the trial starts, your time with them may be limited if it becomes a drawn-out legal process.

The Don’ts

Under no circumstance should you associate or hang out with bad influences. If you have a history of getting in trouble with a certain group of friends, it is best to avoid them as to focus on your own wellbeing. Furthermore, if they are involved in any illegal activities, it can put you at risk as well.

One of the biggest no-no’s during this time is skipping bail and missing your court date. This will reflect poorly on you and can lead to a warrant for your arrest.

Conclusion

Now that you know the do’s and don’ts during your release, keep them in mind and be sure to make good decisions. This time is critical and can ultimately play a huge part in the court’s decision. If you have any questions, contact your trusted bail bondsman.

Bailable VS Non-Bailable Offenses

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.

Bailable Offenses

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.

Non-Bailable Offenses

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.

Conclusion

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!

How to Get Out of Jail Using Jail Bonds

So you’ve been arrested and placed in jail. This can be an incredibly stressful experience especially when the context surrounding the circumstances is taken into consideration. So now you may be asking yourself – how exactly do you get out of prison?

Generally speaking, this is done through the use of a jail bond, otherwise known as a prison bond. Basically, you are posting a “bail” amount whether that is through cash or a piece of property with an inherent cash value.

This is used as collateral in return for a promise to show up in court on your scheduled date. By doing so, you will get your bail money back. If you don’t, the court may issue an arrest warrant to put you back in jail. But what exactly is this process of setting bail, and how do you get out of this predicament to begin with?

How Bail is Set

Once you have been arrested, chances are you will want to know your bail amount right away. This can be a difficult process if you are not able to see a judge immediately, especially over the weekend. This can mean winding up in jail for a few days while things are sorted out.

However, for the most part, you’ll be expected to pay a certain fixed amount for more common crimes which typically isn’t an exuberant amount. The Eighth Amendment to the United States Constitution states that you cannot be held with an excessive bail amount.

This avoids the bail from being used as punishment or a bargaining chip for your freedom. As we mentioned above, this establishes that the bail is used to guarantee you will return to court when you’re ordered to do so. Depending on the crime committed, the bail amount must be reasonable enough to achieve that purpose. This may not always be the case, so you may be involved in a special hearing where you can request the bail amount be lowered due to your financial situation.

How to Post Bail

When you go to post bail, there are a few different ways to accomplish this. This includes: using a bondsman; posting cash for the full amount of the bond directly; using property (like a home or lot) with the court, or the judge can decide to let you go on O.R. (Own Recognizance).

That last option plays into the aforementioned special hearing where you may request a lowered bail amount. You may also have an opportunity to be released on O.R., which you should take. Typically, this only happens based on how integrated you are into the community. This includes having close family members who live there, residing there for a number of years, or having a small or nonexistent criminal history.

Conclusion

As we talked about, dealing with jail time can be incredibly taxing. When situations like this happen to you, it can be debilitating – especially if it means spending time away from your loved ones and your friends. When you’re facing jail time and need to post bond, you should strongly consider reaching out to a professional bondsman to guide you through the entire process.

Do you have any questions or thoughts regarding the jail bond process? Be sure to them in the comments section below!

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