It is widely understood that bail is an amount paid for a defendant’s release from jail, but the bail process is in fact an complex mechanism that involves a multitude of laws and guidelines that can also cross federal and state lines. You may want to check out New Haven 24 hour bail bonds for more. Many countries around the world are providing bail in their court systems, but the procedure is different for each country. In the United States, during a criminal case, we require bail to be decided by the judge based on laws imposed by both the state and the federal government.
A defendant is deemed to be “innocent unless proved guilty in a court of law” in the United States. As such a defendant who has been arrested and is interested in an ongoing case has the right to post bail and ensure their release pending the trial’s outcome. The bail is used as a form of “insurance” to ensure the defendant continues to appear for their pending trial before the court. Failure to appear in court after bail is rendered would not only result in a loss of funds to ensure the release of the defendant, but will also result in criminal charges of “failure to appear.”
The federal government sets rules on other aspects of the bail, such as the definition of offenses not suitable for bail. Some examples of offences that don’t qualify for bail are war offenses and treason. The state has defined laws as well as specifying the minimum and maximum amount that the judge will impose for different forms of crimes. A judge can then use their discretion on the size of the bail based on the severity of the offense, the previous criminal background of the defendant and the defendant’s flight risk. For certain cases the maximum bail amount would be set for order to try and dissuade the defendant from securing their release before the trial begins.
When a suspect is arrested they are booked into a jail or police station where the bail process will commence. The booking procedure involves accurate identification of the suspect usually using fingerprints, documentation of the inventory found on the defendant’s body and checking the criminal records including arrests and aliases that may lead to additional charges on the suspect. In certain cases, such as misdemeanor and minor felony investigations, bail can be posted as soon as the law enforcement officers complete the booking process. In more serious offences the defendant may have to wait up to 48 hours for a bail hearing to be held for a judge to decide the sum to pay.
In the U.S., a bail bonds company arranges an agreement with the defendant to fund the bail sum set by a judge. If the defendant fails to appear in court an arrest warrant is issued. At this point, it is the duty of the bail bonds firm to hold their client in order to recover the funding set out. The bonds agent will forfeit this amount in case a law enforcement officer apprehend the criminal before a bounty hunter secures their capture.