Featured News 2013 Getting Out of Jail After Arrest

Getting Out of Jail After Arrest

Whether you are arrested for a domestic violence crime, a DUI, a murder suspicion, or a sexual crime, you first goal after arrest will naturally be to get out of jail. Normally, the easiest way to get out of jail after an arrest is to post bail. Bail is cash, bond, or property that an arrested person gives to the court to ensure that he or she will appear in court when ordered to do so. Only then can the individual get that money back. If the defendant fails to show up for his or her court appointment, then the court has the right to keep the bail and issue a warrant for the defendant's arrest. Normally, bail is set high so that individuals will be motivated to show up for their court appearance.

Judges are typically responsible for setting bail. Many people want to get out of jail as fast as possible, which is why some crimes already have set bails that will simply be placed upon the arrested individual when he or she enters the jail. Normally, the stationhouse bail schedule has these amounts listed. If a suspect wants to post bail but can't afford the amount that is required, then he or she can petition a judge to lower the amount. Depending on the procedures in your state, the request for lowered bail may be made in a hearing or when the suspect appears at the arraignment.

The Eighth Amendment of the United States Constitution rules that bail for an arrest cannot be excessive. This means that bail cannot be used as a means to raise money for the government and it can also not be used to punish a person for being suspected of committing a crime. This is because the purpose of a bail is to allow a person to remain free until convicted of a crime. The amount of bail must be no more than is reasonable necessary to keep the suspect from fleeing before the case has come to an end.

In some cases, judges may set a preventative detention bail. This is a bail that is set in order to keep a suspect in jail until his or her day in court. Normally, individuals that are charged with excessively violent crimes will be victim to a preventative detention bail. While some may argue that preventative detention bail is unconstitutional, courts often reject this argument and continue to approve of high bails.

Suspects can typically pay bail using a variety of different methods. Thy can pay in cash or check for the full amount of the bail, or can grant property that is worth the full amount of the bail. Also, an individual can purchase a bond that is a guaranteed payment of the full bail amount, or can petition for a release on one's own recognizance. This is a special privilege that allows a suspect to avoid jail despite their inability to pay bail.

After a person is released from jail, the individual will normally be required to meet conditions of release in order to avoid re-arrest. Some bail conditions involve keeping all laws, or abstaining from alcohol If the crime was alcohol-related. Sometimes when an individual is arrested for a domestic violence crime, the bail conditions will require that the individual does not contact the victim of the crime or complies with a restraining order. If you want more information about posting bail or about criminal arrests, talk with a local criminal defense attorney today. You may even want a criminal defense attorney to represent you at your arraignment!

Related News:

Know Your Rights: What Makes a Criminal Case?

If you believe that you are in jeopardy of being charged with a criminal case, a lot of times there are some simple indicators that might give you a clue as to whether the actions would be considered ...
Read More »

William Balfour Gets Three Life Sentences

Actress and superstar Jennifer Hudson has recently been placed in the press spotlight after her former brother-in-law was issued three life sentences for the murder of her mother, brother, and nephew. ...
Read More »

What is Double Jeopardy?

You may have heard of the term double jeopardy, but are unclear to the terms ramifications. Double jeopardy is a legal term used in criminal cases that has a long rich era throughout western ...
Read More »