What Is the Purpose of Bail?

In the U.S., when a person is accused of a crime, they have the right to face their accuser and challenge the allegations made against them. To do that, they must go through a criminal trial (unless their case is settled through negotiations with the prosecutor). But because courts must handle several cases at a time, trials aren’t scheduled immediately after a person has been arrested.

A defendant may have to wait a few months before they appear in court to answer for their alleged crime. Holding a person in custody ensures that law enforcement officials and the courts know where the defendant is and can reach out to them when their trial is scheduled. However, this can be considered unfair because a person is presumed innocent, which means someone who has not been proven guilty of an offense is restricted of their liberties.

The purpose of jail is to remedy this injustice and ensure the defendant’s due process rights are protected. Bail is an amount of money the defendant must pay to get released from jail. If they appear in court as scheduled, they get their money back at the end of their case. Essentially, the defendant has a reason to show up for their trial. If they fail to appear, they could lose out on hundreds to thousands of dollars. They could also face additional criminal penalties, jail, and fines.

What’s the Bail Process?

Technically, the bail process begins with an arrest. The person accused of committing a crime (referred to now as a defendant), is taken to the local police station to be booked. Booking involves taking the defendant’s mugshot, fingerprints, and personal information.

After the defendant is in the law enforcement agency’s system, they’ll be scheduled for their first court appearance. During this hearing, a judge will, among other things, set bail.

If the defendant does not want to sit in jail while they await their trial, they (or a friend or family member) must pay the bail amount (often called posting bail). After they’re bailed, the defendant must adhere to court-ordered conditions until their case is resolved.

Once the defendant’s case is over, the court will return their bail money to them, provided that the defendant adhered to all bail conditions. If the defendant didn’t show up in court for their case, their money will be forfeit, meaning the court will keep it.

How Is Bail Determined?

At an arraignment, a judge will inform the individual of their formal charges and set a bail amount.

The judge will consider various factors when determining how much bail is set for, which include:

• The seriousness of the offense
• The defendant’s criminal history (if any)
• The likelihood of the defendant returning for their scheduled court date

What Are Conditions of Bail?

Conditions of bail are terms the defendant must adhere to while they’re out of jail and awaiting trial.

The judge will set the conditions, which may include:

• Electronic monitoring
• Attendance in a drug or alcohol treatment program
• Forfeiture of firearms
• Travel restrictions
• No contact with the alleged victim or others

What Happens After Bail Is Set?

In some severe cases, the judge may decide not to set bail. In other matters, an amount will be set, which the defendant or their friends or family must pay before they can be released from jail. If they are unable to make bail, they must remain incarcerated until their scheduled court appearance.

After a final decision is made in the defendant’s case – whether guilty or not guilty – the bail amount will be returned. However, if the defendant fails to appear, the judge may decide to forfeit the bond.

How Do Bail Bonds Work?

Bail is not cheap. It can range from hundreds to thousands of dollars. The defendant or their loved one might not have the funds immediately available to make bail. In such cases, they can turn to a bail bond company in Delaware, OH, such as ALL Ohio Bail Bonds, for help.

For a small, non-refundable fee, the agency will post a bail bond on behalf of the defendant. This means that the company provides a promissory note to the court stating that it will ensure that the defendant shows up for all their hearings. It will pay the entire bail amount if they don’t.

If the defendant appears in court as required, they do not owe any more money to the bail bond company. However, if they skip out on bail, they must pay the bonding company the entire bail amount the judge initially set. If the defendant used collateral, such as their home or other property, the agency can use that to satisfy the balance owed.

How Can ALL Ohio Bail Bonds Help?

The bail bond process is complex and requires knowledge of the nuances that can affect the bail’s amount and requirements. Our knowledgeable Delaware, OH bail bonds agent can skillfully guide you from the beginning of your case until its conclusion. We believe in maintaining open and honest communication and will let you know of any changes that may have impacted your bond amount.

The benefits of obtaining a bail bond from our team:

• Available 24 Hours a Day, 7 Days a Week
• More than  a combined  30 Years of  Local Bail bond Expertise
• Impeccable Integrity and Unsurpassed Knowledge of the Judicial System
• Low Payment Plan Available
• Spanish-speaking Agent Available
• Providing Service in All Courts in Ohio and Nationwide