How is Bail Set?


Naturally, a person who is being arrested will have one thing going through their head; how can I get out of jail fast? The usual way to do this is to post bail. Bail is cash, a bond or the use of property that is given to the court system to guarantee that the defendant will show up for their scheduled court dates. If he or she doesn't show up the court gets to keep the bail money. But how is it decided what the bail amount is, anyway?

How is the bail amount set?

Judges are the ones who are responsible for setting the bail amount. However, many people want to get out of jail immediately and not wait a day or so to see a judge, so most jails have standard bail schedules that specify bail amounts based on the crime the suspect is accused of. An arrested person can usually get out of jail quickly by paying the amount set forth in the standard bail amount schedule.

Does it seem excessive?

The Eighth Amendment to the U.S. Constitution requires that bail not be excessive. Primarily this was set in place so that bail is not used to raise money for the government. This rule is also in place so bail can't be used to punish a person for being suspected of a crime. The primary purpose of bail is to allow the defendant to remain free until convicted of a crime, and at the same time ensure his or her return to court for their trial period. Unfortunately there has been no definition of excessive put in place and judges often set incredibly high bail amounts to keep those suspected of the worst crimes locked up throughout the trial.

Ways to pay bail

There are numerous ways to pay bail. It can be done using cash or check for the full bail amount, property worth the cost of bail can be used, a waiver of payment may be issued or a bond guaranteeing the full bail amount, ie, a bail bond, can be used.

Conditions of bail

Bailed-out defendants must comply with what is known as "conditions of release." If a suspect violates any of these conditions a judge could potentially revoke bail and order the suspect re-arrested and returned to holding.

If you are interested in learning more about posting bail in Marin County come talk to the team at 5 Star Bail Bonds. We offer numerous payment options for issuing bail bonds, making it affordable to get your loved one released. Give our team a call 24 hours a day at (415) 969-6119 to get more information about using bail bonds in San Rafael and the surrounding communities.

5 Star Bail Bonds Blog

Written By Brian Corey

Published By MORBiZ

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