Since it is not every day a common person deals with the criminal law system, most people have very little idea about how the justice system works. When someone finds their loved ones in jail, he has no idea who to contact or how to get the defendant out of jail. People have this misconception that they need a lawyer to get someone bailed out. In reality, you do not need a lawyer for bailing someone out of jail. Continue reading this article to learn more about the bail process.
The Right to Counsel: When someone is arrested and taken to prison, they have a right to counsel. Police officers often tell the arrestee the right to remain silent, but they hardly notify him of his right to talk to an attorney after arrest. When the defendant is interviewed about an alleged crime, he may request an attorney to be present. If the defendant cannot arrange for a private lawyer due to financial restraints, the court will arrange for an attorney.
Non-Violent Misdemeanor: If an individual is arrested with a minor charge, he will most likely get a fast bail. After booking, the defendant can post bail according to the bail schedule. A bail schedule is a list that records the bail amount to be posted for certain crimes. For example, for a non-violent misdemeanor, bail is set at 500 dollars. So, anyone can pay the sum in cash and walk out of jail. However, if the charges against the defendant are severe, he is to go through a more complicated process to get bail.
An Arraignment: The defendant, denied the opportunity to post a scheduled bail, must be promptly produced to court within 48 hours of his arrest. Here in court, the judge decides whether the defendant will get bail or not. Depending on the severity of the alleged crime, a bail amount is set. The defendant can, however, make a plea to the judge for reduced bail. The judge generally takes the financial condition into consideration before setting the bail amount.
- One opting for cash bail is to post the full sum at court. This money is refundable if he follows all the bail protocols and appears for his trial. Once his trial is over, the defendant gets back his bail money regardless of the result of the hearing.
- Those who cannot afford expensive cash bail opt for a bail bond. A bail bond, also known as a surety bond, is a contract signed by the defendant, stating that he will appear in court for his trial. If the defendant violates his bail contract, he is quickly arrested back and taken to jail.
- Compared to cash bails, bail bonds are more affordable options. One living in California may contact Orange County bail bonds for a quick bail from jail. A defendant will have to pay only ten percent of the whole bail amount to the bail agent as a fee for his expert service.
If you have a loved one in jail, worry not! Now you know that all you need to do is contact a reputed bail firm to help your friend out of jail. You can send them the basic information required to locate your friend, and the rest is taken care of by the bail bonds agents. These bail companies provide 24×7 services accessible online. Be sure to check the licensing of the bail bond firm before engaging with them.