RIVERSIDE CA – The act of paying bail so as to get out from jail may seem like it is a simple task. Some people have the concept that if someone gets arrested, then someone else may pay the money, then the jailed individual will be free. This is the essential point behind bail, but there is more in this process.
Usually, people that have not experienced the criminal justice system get confronted with some bail situation and do not know what to do. It is necessary to understand the way that bail works, the way that courts figure out bail amounts, the types of payment methods that can be used, as well as other issues. It is important to know this if you or a loved one gets arrested.
What is the bail?
Bail explains the release of some criminal defendant and arrestee after an arrest has occurred before the criminal case ends. When looking at bail, this can involve the defendant or also someone on this defendant’s behalf, paying some money to the court. However, this is not always the case. The money will make sure that the defendant goes back to court to complete the full criminal justice process. Bail is not actually a punishment that is given before the individual being found as guilty of the crime. It is a way to make certain that the criminal defendants will return to court and that without having to keep them within custody for the complete time.
Bail is able to play a vital role within the criminal justice process, because it behaves to limit the jail space required, and also makes sure that the individuals who are free when their cases are ongoing before return to court. It is important to know that people are able to be released on bail during any stage of the criminal justice process, like immediately following an arrest. And even after the court has issued the sentence.
Anytime that someone gets arrested, three possible outcomes are present. These are that the arrestee gets released, they are charged then released on bail, or they get charged and stay in custody till the case ends. Bail tends to be a way that people may be released from jail before a court determines if they are guilty or not.
Information about arrests
At the time that police and law enforcement officers arrest someone, they physically take these arrestees into custody. The police often take those under arrest into custody, put into a police vehicle, then sent to jail or maybe criminal processing facility. Here an administrative process usually referred to as “booking” occurs. At times the police release arrestees without filing charges, however, if charges are filed, then the arrestee needs to stay in custody till released on bail, and till a court renders a judgment. This is also possible until the case gets otherwise solved.
What is booking
Booking tends to be the administrative process which follows an arrest. Whilst this process is occurring, the police carry out some tasks, like taking the arrestee’s photo, properly recording the personal information like name, date of birth, as well as age, then taking fingerprints, any physical possessions that the arrestee has as well as putting these into a storage facility, looking for any warrants, carrying out a health evaluation, moreover putting the arrestee within a detainment holding place.
The period of post-arrest custody and retrial release
When the police have arrested as well as booked someone, the following things will usually happen, i.e., one of these. The police may release the defendant giving them written a notice to come to court. The police may release the defendant after they pay the bail amount. Or the police may keep the defendant within custody till a court holds a bail hearing.
It is a state law that figures out which of these choices applies in a given situation. Generally, arrests for a low-level type of crimes, like disorderly conduct and petty larceny usually result in the release with some written notice to come to court, while more serious crimes, like serious violent offenses, result in the defendant staying in custody till a court is able to hold a bail hearing.
Importance of bail schedules
Bail schedules tend to be lists of bail amount which apply to individual crimes within any jurisdiction. State laws determine what bail amounts are sufficient for every crime and if the police may release a defendant without needing bail, however also if the defendants can post bail after booking or if they need to wait for a bail hearing. State laws even often let judges have significant latitude in increasing and decreasing bail at the time that the court deems it necessary.
At the time that the court holds some bail hearing, it figures out the amount of bail that applies to a certain case. When looking at courts, they do not always need to permit bail, and they may repudiate it if this is allowed by state law.
At the time that the court figures out bail amounts and if they need to deny bail, the court weighs some points:
- The flight risk– Some defendants have a higher flight risk in comparison to others. For instance, defendants that are facing sentences which impose death and long periods of incarceration can be more likely to actually attempt to flee in comparison to those that are facing some less serious penalties.
- Having community connections– An individual that has strong connections to some community, like someone that owns a local business and whose complete family is present in the area, can be less likely to try and flee and fail to come to court than a person who is only visiting an area.
- Family obligations– The court may impose a lesser bail at the time that a defendant is responsible for handling the well-being of their family members and other dependents that they have.
- Income plus assets– The defendant who has much money and assets may not view a low bail level like a major deterrent while those who have few assets may be majorly impacted by bail amounts that are outside of their resources. A court can look at whether a defendant is employed and may be likely to lose that employment because of being unable to pay bail and staying in custody properly.
- Any criminal and court history present– Those with criminal histories, like those with histories which have a failure to come to court, often will have higher bond amounts in comparison to those that are new arrivals to the criminal justice system.
- The seriousness of the particular crime– Generally a more serious crime will have some higher bail amount in comparison to a less serious crime.
- Safety of the public– If the defendant’s release poses a threat to the health as well as safety of others, or even to the community, then courts often refuse to give them bail at all.
Information on bail conditions
Courts often impose additional limitations and requirements on defendants at the time they are making a bail determination. The limitations tend to be similar like those imposed on individuals that are guilty of a crime moreover sentenced to probation. At the time that one violates bail conditions, this can lead to the police taking this defendant back within custody till trial, and also to the forfeiture of bail that has been paid.
The below are common conditions of bail:
- Any pretrial check-ins– Those on bail need to make regular check-ins that are with pretrial services officers. When looking at pretrial services officers, they monitor defendants before trial so that they can be certain they are following any orders and conditions that the court puts.
- No-Contact orders– When the defendant gets accused of things like stalking, domestic violence, etc. the court often imposes a no-contact order. This order needs the defendant to stop contacting the victims of this crime.
- Any employment– Courts may need a defendant to keep employment when on bail. In the case that the defendant is unemployed, then the court may need them to find employment while on bail.
- Any travel restrictions– The defendants that are on bail often are not allowed to leave the place unless allowed to by the court and pretrial services officer.
- The instance of substance abuse– Bail conditions, usually those where drunk driving, drug possessions, and other substance-abuse connected offenses are involved, often need the defendant to stop using drugs as well as alcohol.
- Firearm restrictions– The bail conditions may need the defendant to stop possessing firearms, even if the charged crimes actually did not have the involvement of firearms.
If you need help with bail bonds, you can get the help of a professional in the area that you stay like Riverside Bail Bonds. It is necessary to know all the procedures so that you are not faced with any hardship and complications that can impact you being free again.