Arrested and can’t make bail. It just takes one drink too many. You headed out on the town to celebrate your promotion with some friends, and you were having a blast! Until that last round of shots. Your buddy wanted to make sure this night would be memorable, and as he slid that Jager Bomb across the bar, it became a night you’d truly never forget.
And not for a good reason.
When that loud guy got a bit handsy with your girl, it was hard to control yourself. You meant to just use your words, but the situation escalated quickly, and within minutes, fists were flying and there was so much blood.
As you woke up in the jail cell, sobering up from the alcohol, you realized that you’re in big, big trouble. Wondering how long you’ll be in jail… will I be able to bail out?
Will I Be Granted Bail?
There’s nothing worse than sitting on a cold, hard bench in a jail cell, lost in your own thoughts and replaying the events of the evening in your head, overcome with utter remorse. If only you hadn’t…
But reliving the past won’t help. The only thing that will is getting out of that jail cell, and back home to your life where you can figure out your next steps. You won’t get this until your arraignment hearing. Arrested and can’t make bail.
At this time, the court will:
- Advise of your Constitutional rights
- Tell you what charges you’re facing
- Give you the opportunity to enter a plea
- Set the conditions of your release (this includes bail)
How Is Bail Set?
- The severity of the crime you’ve been charged with
- Whether or not you have a past criminal record
- If you do have a record, did you attend all court dates?
- Do you have ties to the community?
- Do you have steady employment (and would it be in jeopardy if you were to stay in jail)
- Do you have family responsibilities?
- Are you likely to commit another crime?
Many jurisdictions now use a computer algorithm input with this data, to determine the likelihood that you will appear in court.
Bail is a financial commitment you make to return to court. If you show up when you’re supposed to, you get your money back. You will forfeit that money if you fail to appear when required and a bench warrant will be issued.
What If I’m Not Granted Bail?
Arrested and can’t make bail.
If the judge decides that you can not be released on bail or on your own recognizance (without bail), you will remain incarcerated until your court date. In America, we have a constitutional right to a speedy trial, and if you are not released from jail, the courts will attempt to schedule your trial as quickly as possible. Of course, with backlogs and jam-packed court dockets, this may be longer than you’d like. The one positive aspect in this situation, is that if you are sentenced to time in jail after your trial, the days or weeks you spend pre-trial, will count as time served.
How to Post Bail
Let’s assume (and hope), that bail has been granted. The judge is fairly confident that, with money on the line, you will return for your day in court rather than fleeing the state and going out on the lam. This is wonderful news! Freedom is within reach… or is it?
The factors we discussed earlier don’t just help the judge decide whether or not you will be granted bail. These questions also factor into how much your bail will cost. The less faith they have in you returning for court, the more your bail will be. And depending on your crime, that bail could be VERY high – to the tune of $1,000,000. Arrested and can’t make bail.
Who has that much money laying around?
What Are Bail Bonds?
There are very few people who could actually afford to post bail for themselves or for a friend or family member. Most people will have to rely on the assistance of a local bail bondsman. A bail bond agent will post bail on your behalf, allowing you to get back to your life, keep your job, and handle your charges in a calm environment surrounded by your support system.
Generally, you will pay 10% of the bail amount to secure this bail bond. If your bail is set at $50,000, you will pay $5,000 for your bail bond. Depending on the amount of the bail bond, you may be asked to provide collateral in the form of property to minimize the financial risk on the bail bondsman. If you return for your court date, the bail bondsman will get their $50,000 back (your $5,000 will NOT be refunded to you). If you do not return for your court date, and they lose their $50,000, the bail bond agent will have the right to sell your collateral to recoup their loss.
Are There any Bonding Companies Near Me?
There are 24-hour bail bonds available in most parts of the country, so you can get out of jail as quickly as possible. Also, you can find a mobile bail bonds agent who will come to you and save your family or friends the time and embarrassment of having to post your bail. Arrested and can’t make bail.
There’s no need to stay in jail even a moment more than necessary. Don’t let a lack of money keep you locked up. There are resources at your disposal. Call a local bail bondsman and get out of jail.