If your loved one land in jail, then you would make every possible effort to get them out at the earliest. In most of the cases, you are allowed to post the bail. Bail can be a bond, cash or a property that defendant submit in the court as a security that he or she will appear in court whenever required. In case the defendant fail to appear in court, they have right to keep the bail and issue a warrant.
How much to Pay?
The bond usually costs 10 – 15% of the bail amount. At first, it might sound like a good deal. However, buying the bond might cost more in future. If you pay the entire bail amount, then it will be refunded in the form of less administrative fee when the case is over.
Judges hold the responsibility to set the bail. The defendants try to get out of the jail as soon as possible. To make the procedure organized, jails have set standard bail schedules specifying the bail amount for different crimes. If defendant wish to post the bail but could not afford to pay the entire amount, they can ask a judge to lower it. The judge will consider the request to lower bail depending on the state’s procedure.
The defendants are not entitled to be released from the jail in the following cases-
- The defendant who is charged with drug trafficking
- Person who has already skipped the bond
- Those who are accused of the murder
- Someone who has higher changes to flee the country
- Wanted fugitives
- Recidivists
- Habitual offenders
In case the defendant is not involved in above mentioned crimes, it does not mean that they would be granted bail automatically. The judge holds right to refuse the bail according to the flight risks. The term flight risk is used for defendants who have higher tendency to run away, escape or flee to another country.
What is the O.R all about?
In some cases, defendants are released on the O.R or “on their recognizance”. During this situation, they just have to sign a promise that they will show up in the court in future. They do not need to post the bail. Defendants ask for the OR at the first court appearance itself. If the court rejects the request, then the defendant can apply for the low bail.
Those who are released on the O.R have made promises and ties to the community. Here are some factors that convince judge that the defendant will not flee-
- They are employed
- They have family members living in the same community
- They are living in the community for years
- No criminal record
How will Attorneys help you Out?
If you are trying to get out of the jail, then affordable bail bonds San Diegowill offer the best solution. The defense lawyers are familiar with the local system and would handle the case better. They will arrange the lease and suggest the applicable law in the state. Do not hesitate to ask questions and clarify doubts.