Understanding the Bail Process

If you have been arrested for a crime or know someone who has been, understanding the bail process is vital. 

Generally, an arrested individual cannot leave jail until they have posted bail. If they do not post bail, they may be required to stay in custody until the time of their trial. 

Since many trials do not begin until several months after the arrest, most defendants want to post bail as soon as possible.

What Is Bail?

Bail is essentially an agreement between the court and the defendant that the accused will attend any court-related matters associated with their case. The court determines an amount that must be paid before the defendant can be released from jail. Once this fee is paid, the defendant must attend all court dates scheduled. If they do so, the court will return the deposited money, even if the defendant is ultimately convicted of the crime.

In cases in which a suspect cannot meet the full amount of the bail set, they may obtain a bail bond. 

In this case, a bondsman provides a specific amount of the bail in tandem with the defendant. The bondsman accepts responsibility for ensuring that the suspect attends all court dates. 

In return for the risk they undertake, the bondsman may require the defendant to make periodic check-ins or take other precautions.

How Is Bail Set?

Bail is set by the court once an individual has been arrested. This typically happens within a day or two of the arrest but may take longer if the court is significantly busy. 

The bail amount is usually predetermined by a bail schedule. The defendant is denied release from jail until the bail is paid.

Have You Recently Been Arrested?

If you or someone you know has recently been arrested for a criminal offense, you may be wondering how the bail process works. Contact an experienced criminal lawyer at Shrader Law to schedule a free consultation at 813-360-1529 to discuss your case today.