If you have been arrested and charged with a crime, the court may set a bail hearing before you may be released on bond. At a bail hearing, you can petition the court to let you out of jail until your trial. In the US criminal justice process, an accused is assumed innocent until proven guilty. However, criminal court judges require a financial incentive to guarantee that the accused will attend all mandatory court appearances. Bail is that motivator.
The following is an overview of bail hearing processes, including criteria that judges evaluate when establishing bail, how much and what sort of bond would be suitable in a given case, and particular requirements for defendants.
What is a Bail?
Bail is money, a bond, or property provided to a court by an arrested person to guarantee that he or she will show up in court when ordered. If the criminal does not show up for court, the judge may opt to retain the bail and issue an arrest warrant.
Setting of Bail
The judges set the bail amount. Most jails offer standard bail schedules that indicate bail amounts for common offenses since many individuals want to get out of jail right away (rather than waiting a day or more to see a judge). By paying the sum outlined in the station house bail schedule, an accused individual can frequently get out of jail fast.
During the bail hearing process, judges have four main goals in mind. They want to do the following:
- Reduce the danger to the community as much as possible.
- Maintain the judicial process’s integrity.
- Ensure that the defendant shows up in court.
- Reduce the chances of the defendant committing additional offenses.
The constraints of state and federal legislation, as well as the Eighth Amendment of the United States Constitution, guide a judge’s bail judgment. All sorts of bail are frequently amended with conditions. Defendants are not eligible to bail in some serious crimes.
What Happens at a Bail Hearing?
A bail hearing is exceptional in that it is the only moment where the defendant carries the burden of proof in a criminal proceeding. The defendant must show that he will return to court for the trial and subsequent planned appearances at a bail hearing.
Your criminal defense attorney can assist you by demonstrating to the court that you have links to the community, such as work history, a place to stay, and individuals in the area who will support you.
If the court chooses to release you, the following step will be to determine the bail amount. Your bail plea may be denied by the judge. You can either appeal the bond decision or request a fresh bail hearing in this instance. You must be careful not to break the judge’s terms if you are released on bail. Otherwise, your bond will be forfeited, and you will be returned to prison.
If you are trying to get bail, Autrey Law Firm has a team of experienced and knowledgeable criminal defense attorneys. Our team will represent you and give the right legal advice through every step of the case.