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Bail is a concept most people have heard about. However, until you personally have a need to understand it in detail, you may be unfamiliar with how it works and what is the point of bail. Bail plays a crucial role in the legal system. Here, we’ll explain the purpose of bail, its importance, and how the bail process actually works.
Keep reading to learn all you need to know about bail in California.
What is Bail?
Firstly, let’s dive deeper into what bail is. Bail is the term used to describe a defendant being released from jail while they await their trial date.
A payment is usually required to secure the defendant’s release from jail on bail. This payment must be made before the defendant is released from jail. The defendant must agree to return to court for their trial hearing. Extra conditions may be placed on the defendant. These terms may involve staying away from specific people or places. If the defendant does not comply with the terms of their bail and fails to appear in court for their trial date, their bail payment will be forfeited.
What is the Purpose of Bail?
Now you understand the basic idea of bail you may be wondering what does bail do. Well, the primary purpose of bail is to allow the release of a defendant ahead of their trial. However, the purpose of bail goes beyond this.
When bail is granted, defendants guilty of misdemeanors and some less serious felonies are not held in prison while they await trial. This is important because it prevents jails from becoming overcrowded with defendants awaiting their trial dates.
How Does Bail Work? Understanding The Bail Process
Bail follows a pretty specific process. Understanding this process is vital if you or a loved one are arrested. The better you understand the bail process, the easier it will be for you to navigate this often stressful situation.
In California, bail typically follows this process:
Arrest
The defendant is arrested and taken to jail.
Bail Amount is Set
The bail amount is then set. The amount of bail that needs to be paid to secure the release of the defendant will either be set according to the county’s bail schedule or a judge will decide on the bail amount.
The amount of bail that needs to be posted usually depends on the seriousness of the offense. For more serious offenses, or when there’s a high flight risk, the bail amount will be set higher.
Defendant Arranges Bail
Once the bail amount has been set, the defendant can make a phone call to arrange bail. The defendant may choose to call a family member or friend to post bail on their behalf, or they can call a bail agent directly to arrange bail themselves.
There are a few different ways that bail can be posted. It’s helpful to understand the difference between these to choose which is the best option, these are:
- Cash bail - cash bail refers to the full bail amount being paid in cash.
- Property bail - property bail involves property exceeding the bail amount being used as collateral to post bail.
- Bail bond - Bail bonds are the most commonly used method of posting bail. Few people have the available cash to post cash bail, and people rarely want to use their homes as collateral. This makes bail bonds the most popular option. Bail bonds are provided by a bail bondsman. The bail bondsman agrees to pay the full bail amount if the defendant fails to show up in court. In exchange for providing this service, the bail bondsman charges the defendant or co-signer a fee. The fee is a percentage of the bail amount.
Bail is Posted
If the defendant chooses to use a bail bond company, the bail bondsman will get to work taking the defendant’s details, such as the offense they’ve allegedly committed and the jail they’re being held in. Once the agreement between the bail bondsman and the defendant or co-signer has been made, the bail bondsman will post bail to secure the defendant’s release.
The Defendant is Released
After bail has been posted, the defendant is then released. They will need to comply with their bail conditions and ensure they attend all their court dates to ensure they don’t forfeit their bail amount and don’t end up back in custody.
What are the Benefits of Bail?
The existence of bail provides several benefits for both defendants and the legal system. Here are some of the benefits that bail provides for defendants:
Defendants Not Held in Jail
For defendants, bail provides the most obvious benefit. Jail can be a pretty intimidating place to spend time. So, having the chance to be released on bail while you await trial is really positive for defendants.
Allows Defendants to be With Loved Ones
Being sent to jail is extremely stressful and waiting for trial can be an unnerving experience. At a time like this, being around loved ones can bring a lot of comfort. Being released on bail enables defendants to spend time surrounded by the support of their family and friends while they wait for their trial date.
Enables Defendants to Continue Earning
Being held in jail can cause severe financial pressure for families. When a defendant is released from jail on bail, they have the opportunity to ease some of this pressure by continuing to work until their trial date.
Innocent Until Proven Guilty
Another benefit of bail for defendants is that it reinforces the concept of being innocent until proven guilty. Being released on bail allows defendants to regain a sense of freedom (with the exception of bail conditions) until they have faced the justice system and been on trial.
Provides More Opportunity to Work on Defense
Working with a lawyer to build their defense is vital for every defendant. Being released on bail makes it much easier for defendants to work on their defense. They’ll have more opportunities to meet with their defense lawyer without the restrictions of being in jail standing in their way.
The Importance of Bail in the Legal System
As well as bringing many benefits to defendants, bail is also extremely important in the legal system. Here are some of the reasons that bail plays such a vital role in the legal system:
Reduces Overcrowding in Jails
If everyone who was arrested were held in jail until their trial date, jails would be even more overcrowded places. Bail allows the opportunity for suitable defendants to be released while they await trial. In turn, this reduces the amount of people being held in jail at any one time.
Cuts Costs
Keeping someone in jail is seriously expensive. Research shows that the cost of keeping someone locked up in prison has increased by 91% in the past decade. This increase means it now costs around $132,860 to keep someone in jail each year. This figure places a huge burden on the taxpayer.
Enabling defendants to be released on bail while they await trial is a helpful way to reduce the financial burden on prisons.
Guarantees Attendance at Trial
Ensuring that a defendant attends their court date to face trial is essential. As skipping bail means that a defendant forfeits their bail amount, bail acts as an effective way to guarantee the defendant returns for their court date.
Upholds the Principle of Freedom
A legal system should be based on fairness. Giving eligible defendants the opportunity to post bail upholds the principles of fairness and freedom and reinforces the concept of being innocent until proven guilty.
Decoding Bail: Understanding the Purpose of Bail
Now you have a much better understanding of the point of bail, its purpose, and its importance. Let’s now recap how bail works and why it’s so important:
- Bail enables the release of a defendant while they await their court appearance.
- Bail can be posted via a property bond, cash bond, or bail bond. Bail bonds are the most common way to post bail.
- Having the opportunity to be released on bail is beneficial to the defendant as they can spend time with loved ones, continue working, prepare their defense, and retain their freedom until the trial.
- Bail also plays a crucial role in the legal system by encouraging defendants to attend trial, reducing jail overcrowding, reducing the cost of keeping defendants in jail, and upholding the principle of innocence until proven guilty.
Contact Future Bail Bonds Today
As you can see, bail plays an important role in the legal system and benefits defendants. If you’re looking for an honest, reliable bail bond company to post bail for yourself or a loved one, Future Bail Bonds can help.
We’re here for you 24 hours a day, seven days a week. So, if you’re going through a challenging time and need a bail bond, contact us and let us help you or your loved one get out of jail and back home fast.
Contact us today and we’ll get to work urgently to secure your release and get you back with your loved ones.