How Bail Works
Bail is an aspect of the criminal justice system that everyone knows something about, but many people don’t truly understand. When someone is charged with a crime, their trial is not held immediately; in many cases the trial will be delayed for weeks or months. Rather than automatically hold every defendant who is awaiting trial in county jails for all of that time, most people are given the opportunity to secure their freedom until the trial.
Shortly after an arrest is made, the person who is arrested will attend a hearing at which it will be determined whether there is enough evidence to formally charge them with a crime. If it is decided that there is enough evidence, they will be given the opportunity to pay bail, which will allow them to leave jail, under the promise that they will attend all required court appearances. It is important to know that you are permitted an attorney at this first hearing. In many cases, Alaurice has been able to help secure the most reasonable bail possible for people, or even to prevent charges from being filed at all.
Bail Protects your Rights
One of the ideals of the American criminal justice system is that we don’t believe in punishing the innocent. Combined with the fact that everyone is considered innocent until they have been proven guilty at trial, this means providing a way for those who claim their innocence to stay out of jail until their trial. Bail is basically a deposit that you make with the court, to guarantee that you will fulfill your promise to appear when it is time.
When your case is over, if you have made all of your required appearances, your bail will be returned to you. Many people are under the impression that when you pay bail, that money is just gone; the fact is, you do receive that money back, as long as you fulfill your legal obligation to appear before the court. In return for that deposit, you are granted your freedom, which means, among other things, that you can continue to work and earn your living, spend time with your family, and live the most normal life possible.
How a Criminal Defense Attorney Can Help
When setting bail, the judge has a schedule that gives a normal range at which to set bail. However, he or she has the discretion to lower or raise that amount depending on the details of your situation. Factors that might lead the judge to raise bail include past criminal history, history of missing court appearances, or fear that the person may leave the state in order to avoid punishment. However, there are also several factors that may lead a judge to lower the bail amount. A criminal defense attorney can meet with you to discuss your situation before the hearing, and then explain to the judge why your bail should be different than the schedule amount.