
Have you recently received word that a loved one has been arrested on criminal charges? If so, you are likely wondering what, if anything, you can and should do next. Depending on the situation, you might have heard that your loved one needs to come up with bail money or obtain a bail bond. In everyday conversation, the terms “bail” and “bond” are used interchangeably, but the two are not exactly the same. There are several important differences that you should understand before you take any steps to get your loved one out of jail. The good news is that our team is here to help.
Understanding Bail
When a criminal suspect is arrested, he or she will be brought before a judge for a preliminary hearing, and dates will be set for future hearings, including trial. In many cases, trial dates may be set for many weeks or months after the initial arrest. During the preliminary hearing—or in a separate bail hearing, if needed—the judge will consider the circumstances of the situation and determine if collateral is necessary to ensure that the suspect appears as required for future proceedings. This collateral is known as bail, and it is usually set in dollar amounts.
If the judge determines that bail is necessary, the amount will be set based on a number of factors, including the severity of the alleged criminal offense, the risk that the suspect will flee the area, and the danger that the suspect may present to the community at large. Many jurisdictions use a fairly standardized system for setting bail amounts, but ultimately, the decision is up to the judge. Some cases may involve bail of a few hundred dollars, while others may see bail set at hundreds of thousands of dollars or more. There are situations in which the judge may refuse to set a bail amount and require that the suspect remains in jail until trial. Such decisions are typically reserved for the most serious alleged crimes and repeat violent offenders.
It is important to keep in mind that if the defendant appears as ordered at all of the required proceedings, he or she is entitled to a refund of the bail that was paid, regardless of the outcome of the case. Fees and fines may be applied, which can reduce the refunded amount, but even a suspect who is found guilty can be reimbursed for his or her bail.
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