3 Things to Know About Bail

When a defendant is arrested, their first concern may be getting out of jail as quickly as possible. This typically requires posting bail. However, before searching for “Wayne County bail bonds,” you should understand the bail process.

Setting Bail

Although many jails have guidelines for setting bail for a number of common crimes, judges are ultimately responsible for setting bail. If suspects have the money to pay the bail amount on the jail schedule and the crime is not serious, they can pay the bail and quickly gain their release. The scheduled bail can only be lowered by a judge during a bail hearing or arraignment.

Bail is set based on the defendants’ charges, age, and criminal history. This amount may be impacted by the suspect’s court appearance record, or whether they have failed to appear in court in the past. The US Constitution states that bail cannot be excessive, used as punishment, or used to fund the government.

Bail Bonds

Bail Payments

Bail can be paid in cash. Those paying bail may also submit property as collateral provided it is worth the full amount of the set bail. Suspects may also be released on their own recognizance, which does not require a cash payment or collateral. Finally, a bond can be secured through a bail bond company. The bond guarantees the full payment of the bail if the suspect does not comply with the court’s conditions.

Bail Conditions

In addition to paying bail, many suspects also have conditions they must meet to gain and retain their freedom. For example, defendants must not be caught breaking the law or possessing a weapon, and they may be required to complete a counseling or find and keep a job.

A criminal defense attorney, reputable bail bond company, or detention officer can provide you with more information about the bail process.