In our legal system, when someone is arrested and taken into custody, they may be released from jail on bail. Bail is a sum of money that is paid to the court to secure the release of an arrested person. The purpose of bail is to ensure that the person appears in court when required to do so.
If you’re not familiar with the bail process, you may be wondering how it works. In this article, we’ll give you a brief overview of the basics of bail and how it works. We’ll also discuss some of the factors that may be considered when setting bail.
What is bail and what is its purpose?
As mentioned above, bail is a sum of money paid to the court to guarantee that an arrested person is released from jail. The bail ensures that the defendant appears in court when required.
In most cases, a bail bond company will post bail on behalf of the defendant. This means that the company will pay the bail amount to the court and will be responsible for ensuring that the defendant appears in court. If the defendant does not appear, the company will forfeit the bail money.
How does the bail process work
When a person is arrested, they will be taken to a police station or jail. The arresting officer will then contact a bail bondsman. The bail bondsman will post bail on behalf of the defendant and will ensure that the defendant appears in court when required. This usually requires the bail bondsman to put up collateral, such as a house or car, to secure the bail money.
What factors are considered when setting bail?
There are several factors that may be considered when setting bail, including:
- The severity of the crime– Bail is typically higher for more serious crimes. This is because there is a greater risk that the defendant will not appear in court if they are released on bail. For example, someone who has been charged with a violent crime is more likely to be considered a flight risk than someone who has been charged with a less serious crime.
- The defendant’s criminal history– A defendant with a long criminal history is more likely to be considered a flight risk than someone with no criminal history. This is because they have a greater chance of re-offending and failing to appear in court.
- The defendant’s ties to the community– A defendant who has strong ties to the community is less likely to flee if they are released on bail. This includes factors such as family ties, employment, and length of time living in the community. When a defendant is considered a flight risk, bail is typically set higher.
- The risk of the defendant fleeing– If the defendant is considered a flight risk, bail is typically set higher. This is because there is a greater chance that the defendant will not appear in court if they are released on bail.
- The risk of the defendant re-offending– Once a defendant is released on bail, there is always the risk that they will re-offend. This is why bail is typically set higher for defendants who are considered a danger to the community.
- The strength of the case against the defendant- If the evidence against the defendant is strong, bail is typically set lower. This is because there is a greater chance that the defendant will be convicted and sent to prison.
- The risk of the defendant failing to appear in court– When a defendant is considered a flight risk, bail is typically set higher. A lot of times, a defendant’s history of failing to appear in court will be taken into consideration when setting bail.
What happens if the defendant fails to appear in court?
If the defendant fails to appear in court, the bail money will be forfeited. In addition, a warrant will be issued for the defendant’s arrest. If the defendant is arrested, they will be held in custody until their next court appearance.
It’s important to remember that bail is not a free pass. If you are released on bail, you are still required to appear in court when scheduled. Failing to do so can result in serious consequences, including the forfeiture of bail money and the issuance of a warrant for your arrest.
