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Posting Bail After an Arrest

Have you been arrested in connection with a crime? The first thing you want to do is get out of jail. In order to do so, you will likely have to post bail. Bail is money or property given to the court that serves as collateral for appearing in court. When bail is posted, the accused agrees to pay the set money to walk free with the promise that they will show up for their court appearance at the posted time.

How can I post bail?

In many cases, there are set amounts in courthouses that dictate the bail for commonly committed crimes. In other instances, the judge is responsible for setting the bail amount as they see fit. If the alleged crime is particularly heinous or if the court believes that you pose a flight risk, the bail amount may be higher than expected. If the bail amount is significantly higher than you or your loved ones can afford, you may be able to ask the judge to lower the bail amount, but there is no guarantee that they will do so.

Payment of bail can take a few forms:

  • Full amount in cash or personal check
  • Full amount in property
  • Guaranteed payment in the form of a bond
  • Waiver of payment based on the promise the defendant will appear

The purpose of bail is to allow someone accused of a crime to remain free during the duration of the trial, as they are presumed innocent until proven guilty. The purpose of the payment to begin with is to ensure that you show up in court. If the bail is paid in full, then it will be repaid when the case is over. If the bail is paid and you do not show up in court, you will have a warrant placed for your arrest and will likely lose the bail payment.

In addition to simply providing the money for bail, you must also abide by all of the conditions of your release. This may involve a general order to obey all laws or be specific to the crime that was committed. Again, this will be set as per the discretion of the judge depending on the crime you are accused of, your criminal history, and your flight risk.

Categories: Arrest, Criminal Defense