Knowledge — 2 years ago

How to Post Bail

by Rachel Greene

How to Post Bail, Posting Bail, Post Bail

How to Get Someone Out of Jail by Posting Bail

If you happen to find yourself behind bars, your only thought is – how to get out of jail fast? The answer is, by posting bail. Bail can consist of cash, bond or property which you will be submitting to the court in lieu for your temporary freedom. It is a promise in kind that you will attend any further court hearings if you are required to do so. In which case, your bail amount will be returned to you. If you fail to present yourself at the court at the time and date scheduled, the court will withhold this bond and issue an arrest warrant under your name.

how to post bail

Bail Amount

The bail amount is usually set by a judge. Often the police strategize to extend your stay in jail before you can post bail. For eg: They may arrest you on Friday, so the earliest you’ll have access to a judge is Monday. Inadvertently, you will have to spend the weekend locked up. Jails have specified bail amounts set up for common crimes which you may utilize to get out of jail hassle-free. Pre-trial release is now regulated by an algorithm. It analyzes information about a defendant from a program which recommends a bail amount depending on the risk assessed from his/her age and criminal history.

The Eighth Amendment protects the defendant from being issued an excessive bail amount. It is in place to prohibit the court from punishing a person for being arrested or from attempting to raise funds for the government. The bail amount is only intended to warrant the arrested individual’s return to court for hearings and allow him/her to enjoy freedom until convicted guilty.

Judges, however, continue to levy exorbitantly high bail charges on suspects of murder and drug-dealing cases, so they cannot flee prosecution.

If a person is unable to afford the bail amount, he/she can request a judge to lower the amount in a special bail hearing or as and when they appear in court for the first time.

How to post Bail

You can post bail in the following ways-

  • Use a property bond
  • By cash/check
  • Purchasing a jail bond
  • Being released on your own recognizance or O.R.
posting bail

O.R. requires you to sign a statement promising that you will appear in court on the day and time scheduled. It is much better alternative than purchasing a jail bond. However, most of those arrested are coerced into buying jail bonds. A bail bond can be purchased at 10% of the amount i.e. your entire bail. A bail bond cannot be encashed without your permission.

You may be refunded your entire bail amount if you follow all court regulations and meet its demands. Only slight administrative charges will be deducted. If you buy a bail bond, on the other hand, you will already have paid 10% of the amount, which won’t be refunded to you. You would also have to provide the bail bondsman with collateral on the side to obtain the bond. He/she may use up this collateral if you fail to appear at the court as scheduled.

An O.R. is also granted to rule-abiding employed members of the community who have no record of criminal history. You can request a judge to grant you O.R. at your first appearance in court.

A criminal defense lawyer or attorney can be of immense help when you’ve been arrested. He/she will be able to advise you on how you should act hereon and probably even arrange for your release.

Comply with the “conditions of release” and you shall be fine.

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