What is Bail and How Does it Work?

Bail allows individuals accused of a crime to be released from custody while awaiting trial. The payment acts as a guarantee that they will appear in court when required. Bail plays an important role in the legal system so it is important to understand how it works if you have been arrested. Reach out to an experienced Red Bluff criminal lawyer for more information on your legal rights and options.

What is Bail?

Bail refers to money that a defendant can pay to the court in exchange for their freedom during the trial. The main purpose of this legal concept is to ensure that the defendant will appear in court. When an individual is arrested for a crime they can be held in custody until their trial. However, because people in the U.S. are innocent until proven guilty, they cannot be officially penalized without a guilty verdict. Bail allows people the opportunity to walk free until their trial.

How Does Bail Work?

After a person is arrested for a crime, they will generally be taken to the police station and booked. This can include taking mugshots, giving fingerprints, filling out personal information, etc.

The accused individual will then be brought before a judge for a bail hearing. During the hearing, the judge will be informed of all aspects of the situation including the type of crime, its severity, the defendant’s criminal history, their character, and more. The judge can deny or set bail, or release the individual on their own recognizance.

If the judge denies bail, the defendant will be required to remain in custody until the trial is over. If they release them on their own recognizance it means that they do not have to pay anything but are being let out on the condition that they will appear at all required court dates. Otherwise, the judge will set the bail amount.

The defendant or their friends and family can pay and have them released until the trial. If the individual fails to appear, the money will be considered forfeited.

It is also important to note that the judge can issue conditional bail. Some conditions of release besides payment may be for the defendant to give up their passport, remain in a specific geographic area, be regularly drug tested, not associate with certain people, etc.

How Much is Bail?

The amount will vary depending on all of the above factors. For a misdemeanor offense, bail may be a few hundred dollars or in the low thousands. The more severe the crime and the higher the flight risk, the more money will be required. First-class felonies can be in the tens or hundreds of thousands, even up to $2 million for murder.

Bail can be expensive but it is often worth it to ensure you can walk free until your trial. If you were arrested and want to learn more about your legal options, reach out to an experienced attorney today.