So, you have had an encounter with law enforcement that has landed you in jail. This can be a very terrifying matter, and the first — if not only — thing on your mind may be, “when can I go home?” This is a fair question and concern. Usually if you are a suspect in a criminal matter, going home is not as easy as you would like it to be. If you are not the suspect, and if a bond is set and a bail is paid, you may be sent home. However, things are not always so simple.
Determining Whether Someone Gets Bail
When a bail is paid, this informs the judge and prosecutor that you will not flee when it is time to show up into court regarding the matter at hand. Bond is not always granted in a case. This may be because the accused is a repeat offender or the charge is so extreme that the judge feels that the offender should remain in police custody. No matter the reason, you should understand the process of being arrested and released, should you or someone you know be in this position. The laws vary from state to state and even court to court, so it is always best to contact a criminal lawyer, like a criminal lawyer in Decatur, GA, for the best advice in these instances.
How Bail Works
Bail is a paid promise to the court that you will appear when you are summoned. In the event that you are released on bail and do not appear in court, the judge will then put out an arrest warrant. Bail is usually returned, but only if you honor your end of the bargain. Should you not appear in court, and are arrested on the arrest warrant, being released will not be as easy as it once was. If a bond is not granted, you are to sit in jail until the judge decides one. Different crimes have certain bond amounts that can automatically be posted so that the person can leave until court. Some cases are not so simple, though. No matter the offense and its bail amount, you should speak with a skilled criminal defense attorney to determine whether the amount can be negotiated or lowered. There are cases where the bail amount is too high and unrealistic, which is very intentional. When you have a criminal defense attorney available to evaluate your case, your chances of not being taken advantage of, and maybe even being released, are higher than not. Contact an attorney in your area as soon as possible.
Thanks to The Lynch Law Group for their insight into how bail works.