So you have a friend or family member that has just been arrested and they're asking you to post bail. What does that mean?
After an arrest, a person may have to wait months before their case goes to trial. But our criminal justice system allows defendants to be free from jail until they are proven guilty. After all, the Eighth Amendment of our Constitution states that ''No cruel and unusual punishment is to be inflicted." Los Angeles criminal defense attorneys say that this includes imprisoning an innocent person.
However, if all people accused of a crime were able to go free, officials might worry that the accused might flee the area and not even show up in court for their hearing. Hence, that's why there's a bail system in place. The defendant is able to get out of jail by posting a certain amount of money (bail). According to FindLaw, this amount of money is determined by a judge and is based on a number of factors that include the severity of the crime, the criminal record of the accused, and the financial resources of the person accused of the crime.
If the accused is able to post the entire bail amount, then the court will refund all the money that is paid as long as the defendant shows up for his or her court date, no matter what the verdict is in the case. If the defendant does not show up for a court hearing, then he or she forfeits bail and a warrant of arrest can be issued. If the accused cannot afford the set bail amount, he or she usually has the option of turning to a bail bondsman for the money. In this scenario, the bail bond becomes a three-party contract between the accused, the court, and the surety. Under the terms of the contract, a bail bondsman promises to pay the full bail amount for the accused in exchange for a fee (usually 10 percent of the bail amount). This fee is usually non-refundable and if the accused fails to appear in court on their specified date, then it is the bondsman that is required to pay the full amount of money.
Related Resources:
- Posting Bail (FindLaw)
- Look for a Los Angeles Criminal Defense Attorney (FindLaw)
- Bail Bonds (FindLaw's LawBrain)
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