Bail- How Do I Get Out of Jail If I'm Arrested

Handcuffed, put in the back of a police car, and now sitting behind bars not sure what to do next.  There is one thing going through your head – “How do I get out?”  In general, getting out of jail is accomplished by posting "bail" or “bond.”  Bail is generally cash or a piece of property that has a cash value that you give to the Court in return for your promise to show up when ordered. Generally, if you show up to Court when you are supposed to after being let out of jail, the Court will return your bail. However, if you do not show up, the Court will keep your bail and most likely issue an arrest warrant for you, meaning you'll probably end up back in jail.

Before we talk about the process; here are some tips:

·        Never cause a problem for the police or booking staff involved with your arrest or booking. Why do we say this…because you will need their help with using the phone.  Even if you believe you are innocent…remain calm and silent and politely ask for an attorney and a phone.

·        Find a phone…quick! You should have a list of people in your head to call. Bail is not cheap! SO make sure you have credit worthiness with the people you are attempting to call; the person bailing you out will be promising to pay your entire bail if you fail to appear.

·        Make sure to understand the bail process—please read below about the bail process.

·        If you cannot find someone to post your bail…you might be stuck…you might not. Within 72 hours, you will be arraigned.  The arraigning magistrate will read you the crimes you are being charged with and also set your bail.  The magistrate will look at your risk of flight and the danger that you may pose to the community if you are released and weigh these two in light of the charges when determining the proper bail amount.  Are you local? It’s easier to show up for court if you are a local. Do you have a history of failing to appear for court? This will ensure a high or no bail. Did you get charged with a serious offense? They have higher penalties and the person poses a greater risk of flight because they might flee to avoid jail. Are you employed? People without jobs are generally less reliable and do not have connections to the community, thus making it easy to pick up and leave. Do you have family obligations? The courts don’t want you to lose your job when you’ve got a family to feed.

 

The Process of Setting Bail

Let’s talk about the Eighth Amendment of the United States Constitution … no person can have an excessive bail amount set against him or her. This has been held to mean that bail cannot be used as a way for the government to raise money for itself or punish a person for being arrested. The Eight Amendment is there to ensure that bail is not used for a purpose other than to guarantee that an arrested person comes back to court at the appointed time. Despite the theory behind the Eighth Amendment, judges often use excessively high bail amounts to prohibit an arrested individual from getting out of jail. This type of excessive bail is often used for people that have been arrested on suspicion of dealing drugs, murder or other crimes where flight is a real possibility.  If a judge sets an excessive bail amount, your attorney can challenge it at a later date.  Stay calm and let your attorney handle this task.

Posting Bail

When you "post bail," you are paying the amount at which your bail was set. This can generally be done in a few ways, including: Paying by cash or check in the amount of your bail; Signing over ownership rights to property that has a cash value that is equal to or exceeds the amount of your bail; Giving a bond (a promise to pay if you do not appear) in the full amount of your bail; or Signing a statement that says you will appear in court at the required time, generally called "being released on your own recognizance."

 Bail Bond

Many people are forced to purchase a bail bond in order to get released from jail. A bond is much like a check that you give to a friend, asking him or her not to cash it until you say it's okay to do so. Generally, the purchase price of the bond is about 10% of the value. Therefore, if your bail is set at $5000, you can expect to pay about $500 in order to purchase a bail bond. If you appear at court and proceed with all requirements thereof, you will generally get the full amount of your bail returned back to you (minus some small, administrative fees from the court). However, if you buy a bail bond, you are already out 10% of your bail amount (this is generally not refundable), and you will also probably have to give the bail bondsman some collateral in order to get the bond (such as an interest in your car or home). If you fail to appear in court at a required time, the bondsman can cash in on the collateral you gave, meaning that he or she could sell your property and take the money from the sale.

Getting Released On Your Own Recognizance

As mentioned above, if you have the option of being released on your own recognizance, you should jump at this opportunity.  If you are denied this request for a personal bond, you can always ask about getting a lower bail amount. There are certain factors that can lead a judge to release you, many of them having to do with your ties to the community in which you were arrested. Factors that could support your request to be release on your own recognizance include: having close family members living in the community; being raised in or living in the community for a number of years; having a job in the community; having no criminal history, or a criminal history that only includes small crimes and misdemeanors; and having a good track record of showing up to court when required in the past.