Judgment to Incarceration: The Process

You’ve probably watched this scene on TV a dozen times: a court judge announces, “Bail is set at $50,000” and hammers down a gavel. The accused looks dispirited as he consults with his loved ones and lawyers. However, he somehow ends up being released from jail as he awaits his trial.

If you’ve never been arrested, this type of scene probably makes you wonder a number of things: “how did he afford to pay $50,000?” and “what happens between the time you’re arrested to until you’re released on bail?”

Well over the course of this blog post, we’ll address all these questions. Here is the the process through which defendants are put between the time that they’re assigned a bail amount, and till they can be released from jail.

Being Arrested and Booked

After an individual has been arrested for a criminal misdemeanor, they’re taken to the local police precinct, where they’re booked. This is the point where the arrested person is termed as a defendant.

The Arraignment

After being booked for the offence, the defendant is taken into custody where they have to wait to be arraigned by a criminal court judge. At the indictment, the defendant is notified of the charges that have been filed against them. At this point, the judge takes one of the three following decisions: granting bail, denying bail or freeing the defendant on their own recognizance.

The decision to grant bail depends upon a variety of factors. They include:

  • The severity of the crime
  • The defendant’s criminal history
  • The defendant’s employment status
  • Whether the defendant has a family to support
  • Whether they’re a citizen of another country

Conditions of Bail

If a judge decides to grant bail, they not only specify the bail amount, but they also define a set of rules the defendant must comply with while they’re out on bail. These are known as bail conditions. Bail conditions can consist of restraining orders, curfews, house-arrests, etc. Upon violation of the bail conditions, the judge can order the defendant to be rearrested.

Paying Bail

Upon being granted bail by the judge, the defendant has the following option:

  • Pay the full bail amount through cash or check
  • Post bail through property that’s worth is equal to the full bail amount
  • A bail bond
  • A conditional waiver providing the defendant shows up at the hearings at a specified time

If a conditional waiver is out of the question, most defendants prefer bail bonds because of the convenience they provide. After they’ve been provided certain information by the defendant, the bail bondsman will take care of the legal formalities and the paperwork, and post bail on the defendant’s behalf. Bail bond companies charge a fee for their services, which is usually 10% of the total bail amount. After bail has been posted, the defendant is free to go.

If you require the help of a bail bond agent in Hamilton County, you can rely on us at DeLaughter Bail Bonds. In addition to being available 24 hours a day, our experienced agents are dedicated to ensuring that you’re released as quickly as possible. Get in touch with us for more information.

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