Jail is not a place anyone would want to stay. However, if you or a loved one ends up in prison, the first thought that will come to mind is how to get out. The most familiar way of getting out of jail is through bail.
What Bail is all About
Bail is a security deposit with a court that allows individuals to process their release from jail pending their court appearance. Bail can be paid either as cash, property, or bond and grants temporary freedom to the defendants pending their trial date. Bail acts as a surety that an individual does not skip town and will show up in court whenever required.
The defendant, in this case, is expected to meet all bail conditions to continue to enjoy freedom before their case goes to court. When the defendant breaches the jail condition, the amount paid for bail is forfeited. The court can issue a warrant authorizing rearrest, and the defendant may not qualify for another bail.
Conditions for Bail
Before getting bail, the defendant must meet certain conditions for the release to be effected. Failure by the suspect to keep to the bail terms will lead to the revocation of the bail.
The bail conditions issued by the court can fall into any or all of the following categories:
- Character conditions: this bail condition requires a person of a reputable character to stand in for the suspect by signing an agreement form. The person acts as a guarantor for the suspect, attesting to the suspect’s ability to adhere to the bail conditions. The signee in question must not have a criminal record
- Conduct requirements: the suspect will be required to meet certain behavioral conditions throughout the bail period. Some of the conditions include surrendering your traveling documents, not changing residential address, staying away from certain people and places, as well as reporting to the police at specified periods
- Enforcement condition: this bail condition helps to ensure that the suspect adheres to other bail requirements. Enforcement condition includes an agreement to grant the law enforcement agents access to your house to ensure you are keeping to other conditions
- Security condition: this bail condition mandates the suspect or their guarantor to deposit cash or property with the court. This amount of money will be forfeited if the suspect fails to appear in court when they are required to do so.
Who Is Responsible for Setting Bail?
The setting of bail is within the presiding judge’s jurisdiction. While setting bail, the judge puts into consideration several factors, some of which may include:
- The nature of the crime the suspect is being charged with
- The financial status of the defendant
- The criminal history of the defendant
Though the judge sets bail conditions, when it comes to offenses that are not serious, the police can grant bail to the defendant using preset bail conditions. The aim of setting bail amount is not for it to serve as a means of punishment for the offense. Instead, it is a way of guaranteeing that the suspect will show up whenever they are required to do so, pending their trial date.
Dangers of Posting Bail on Behalf of a Defendant
The law allows third parties to post bail on behalf of a defendant once they can meet specified conditions. However, there are certain risks associated with posting bail for another person. Where the defendant fails to put up an appearance on their scheduled hearing dates, you stand the risk of forfeiting the amount paid for bail.
Additionally, you may be required to answer specific questions in court regarding the source of the fund used in paying the bail. It is, therefore, vital to post bail for individuals you trust.
Breach of Bail Conditions
Breach of bail conditions occurs when the defendant fails to meet the requirements stipulated before bail. A failure to appear in court on the hearing date is considered a criminal offense, and the court can authorize the arrest of the offender. If convicted, the offender can receive a jail term of up to 1 year or pay up to $2,000 in fines.
The defendant must also obey every other stipulated bail condition aside from showing up in court. However, a breach of other bail conditions such as adherence to curfew time is not a criminal offense and may not land you in jail. However, it will affect your ability to get bail in the future. It will be on record and used as one of the factors in determining your eligibility for bail subsequently.
Wrapping Up
It is possible to come out of jail on bail, so ending up in jail is not the end of the world. If you are unsure of how to go about securing bail, an experienced attorney can come in handy.
