To acquire bail before trial is a fundamental right that the US constitution grants you. An arrest is never the end of the world. The law gives you a second chance to prove your innocence in court. A bail bridges the gap between a jail cell and the courthouse.
Here’s what the bail process looks like at large:
Step 1: The police officer
When a defendant is arrested, they’re taken to a nearby police station to be booked. On their arrival, the officer records all the information related to the suspect and the alleged crime. The officer notes down the suspect’s name, address, date of birth, and appearance details. They might even take the suspect’s fingerprints, seize any inventories, and conduct a criminal background check. The police also check whether the suspect is intoxicated. The defendants are usually allowed to make a phone call to get in touch with the family before they’re put in the jail cell.
Step 2: The judge
The bail timings usually depend on the nature of the crime. For less serious crimes, the suspects are allowed to post bail immediately after they’re booked. In other cases, they’re made to wait for 48 hours or less until a bail hearing occurs. A judge carries out the hearing to determine whether the accused is eligible for bail and sets the final amount.
The judge or the magistrate determines the final amount based on a number of factors, including:
- The threat that the defendant poses to society
- The defendant’s flight risk
- The nature of the crime
- The defendant’s past criminal record.
In some cases, the magistrate might even allow the defendant to be released on their own recognizance. This usually happens if there is substantial proof that the defendant will not flee or have strong roots in the community. However, the judge makes them sign a written agreement that they’ll attend all the hearings.
Step 3: The bail bond agent
Paying the bail amount is largely considered a privilege in the United States. Cash bail is so expensive that only a chosen few have access to it. This is why most poor defendants end up sending most of their lives behind bars while the rich buy their way out.
This is why the judge also presents bail bonds as an alternative option. If defendants don’t have the means to pay cash bail, they can get in touch with a bail bond agent who would do so on their behalf. The bail bond agent typically charges a 10% commission and pays the remaining amount. You’d also be required to deposit some form of collateral. Once the case comes to an end and after you’ve attended all the hearings, the agency returns the collateral but keeps the fee.
If you’re based in Indiana, DeLaughter Bail Bonds will address all of your bail-related concerns. Give us a call, and our bail bond agents will rush to rescue immediately. Get in touch to learn more.
