When you or a loved one gets arrested, your priority will be to post bail and gain freedom from Jail. Bail is an amount of money that a defendant pays before a release from custody awaiting trial. The judge and the court officers set the amount and the condition of bail. The judge might decide to set you free on your own recognizance. For a major offense or if the judge considers you a risk to the community, he/she might deny you bail. In case of bail denial, you would have to stay in jail awaiting trial. The judge might also decide to approve bail, set the bail amount, and the conditions of bail. For the best bail services in Las Vegas, Express Bail Bonds can assist you.
Role/Purpose of Bail
In most cases, bail mainly applies to criminal proceedings. However, the court might impose bail on civil cases in rare circumstances. Bail is not a form of fine or pretrial punishment. Modern bail rules are emphasizing the non-monetary release of people from custody. The bail reforms aim at eliminating discrimination against the poor people who may not have the ability to pay the bail amount. Bail serves several purposes in Las Vegas:
- Bail acts as a form of insurance for the court. By requiring a defendant to post bail, the court ensures that the defendant will show up for future court appearances. Failure of the defendant to show up at a future court date results in a withdrawal of the bail bond, and the defendant is sent back to custody.
- Bail serves as an extension of the legal principle that all suspects are presumed innocent until proven guilty. Bail is a right accorded by the U.S constitution to people arrested or awaiting trial. You have a right to walk free before trial or the judgment offered by the judge. The suspect can avoid jail time until he or she is proven guilty. While awaiting trial, the suspect can go one with life and carry out daily responsibilities. As long as you abide by all the bail conditions, you will get back the bail money at the end of the trial, irrespective of whether you are innocent or guilty. However, if you attempt to skip trial or flee from your residence area, you might forfeit the money used to secure bail.
- After posting bail, you will have an opportunity to seek proper legal assistance. While out of custody, you will have ample time to research and seek legal counsel. You will have an opportunity to appoint your attorney to represent you. You do not have to settle for an appointed defense attorney who might not be willing to put much effort into your case.
- Posting bail allows you to prepare for life after court. If you realize that you might go back to jail after trial, you will spend your time before trial preparing for your future sentence. For instance, you could arrange for the care of your children and pets. You could also organize your finances to ensure that everything is in order. However, you should not assume that you will automatically go to jail after trial. With a competent attorney, you might avoid a jail sentence and get probation or other lesser sentence.
The key purpose of bail is to ensure that the accused person is subject to a certain legal process. At a later date, the accused person is judged depending on whether he/she complied with the terms of bail or not. The definition of bail lies between freedom and prison sentence. You can avoid jail until trial as long as you comply with bail requirements; however, violation of bail requirements sends you back to custody.
Determining the Bail Amount
When a judge or magistrate decides on the bail amount, he or she might consider several factors:
- Your risk of fleeing after release
- The type of alleged crime that you have committed
- How dangerous you are
- Whether you will pose a risk to the community after release
When the court grants bail, the bail is usually conditional. The court might require you to do certain things or avoid certain things after getting a release on bail. For instance, the court might order you not to have contact with certain people after your release. You might also have to stop using drugs or drinking. You might also have to notify the court whenever you change your phone number or your address. The court might impose any condition of bail as long as it deems it reasonable. If you are not comfortable with a certain condition of bail, you could request that the court negotiates with the attorney on your behalf.
If you promise to show up for all the future court appearances, the judge might release you without bail payment. You are more likely to get a release on your own recognizance if you have a steady job and other roots in the community that indicates that you are not likely to flee. The court might revoke the privilege or release on its own recognizance if you fail to abide by the terms of the release.
If You Are Unable to Raise the Bail Amount
Not everyone has the financial capability to pay the amount set by the court as bail. What happens if you are unable to raise the bail amount set by the court? You could arrange your release through a bail bondsman. You might put up a little amount of the bail amount and have the bail bondsman guarantee the remaining bail amount to the court if you fail to show up for court appearance.
For minor misdemeanor offenses, bail may not be important; however, this will depend on the circumstances and the seriousness of the offense. Bail mainly applies to serious misdemeanor and felony cases. You might require bail at three stages in the criminal proceeding: pretrial period, pending execution or imposition, pending appeal.
Find a Bail Bondsman Near Me
Bail plays an important role in allowing a suspect to get out of custody while awaiting trial. You don't have to remain in custody just because you can't raise the bail amount. You can seek reliable bail bond services from Express Bail Bonds. Contact us at 702-633-2245 and speak to one of our representatives today.