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Getting Out of Jail, Thanks to Bail!
Published: 02/24/2010 by Michelle Smith
When unfortunately dragged in jail, a person’s first instinct is finding a way out, the fastest way possible. The most common way to do this is to bail out. A bail is cash or anything that is equal to cash that the defendant presents to court as a pledge that he will appear in court if and when required. If the defendant complies with the arrangements, the court may possibly allow refund of the bail. If he/she fails to do so, the court has every right to keep the bail and arrest the defendant.
Judges handling the case are responsible of issuing bail. Many of the accused want to get out of jail in the shortest span of time, that is why most jails have developed a standard bail schedule that specify the amounts for crimes commonly committed.
In the U.S. there is an amendment that regulates the amount of bail. It only implies that the bail is not to be used as a form of fund raiser or as a punishment for the crime committed. The only purpose of a bail is to ensure that the person will appear on his/her trial schedule while being free until he/she is proven guilty.
There have been incidents that the judge imposed an impossibly high bail (in particular types of crime like rape) to ensure that the suspect is held captive until the trial is adjourned. Bail may be set for preventive detention; however, it is thought to violate the constitution, even if courts have constantly denied it.
If the defendant cannot gather the amount of bail on the specified time, he/she can request that the judge lower it. Such request may be made in a special bail setting hearing, or when the defendant appears for the arraignment.
A bail can be in the form of cash or check in full amount, a property that is worth the full amount of bail, a bond with a guarantee that the full amount of bail will be paid, or a waiver of payment provided that the defendant appears in court at the specified time.
A bail bond is somewhat like a check, only it is held reserve. It signifies the defendant’s pledge to appear in court when necessary. It is purchased through a payment of nonrefundable premium.
It may seem like a great deal, but buying a bond may cost more as time goes by. In other forms of bail, the full payment may be refunded, however, in a bail bond; the 10% premium is nonrefundable. The bond seller may also require collateral. It means that before having to purchase a bond, the defendant must present a valuable property as form of interest. The bond seller may also cash in on the interest if the defendant fails to appear in court.
An accused may be aware of his/her rights regarding bail, as well as his or her duties. Being able to comply with the terms set may initiate trust and may in the long run, benefit the defendant.
