Bail
Bail is a system set up to give an arrested citizen the opportunity to retain freedom while awaiting a trial for a criminal act. The system of bail works to uphold the edict of "innocent until proven guilty" by not incarcerating non convicted individuals unnecessarily while still providing some insurance to the court that the individual will appear for their scheduled court date. Bail is the amount paid to the court securing an appearance at a court date. Bail money is generally returned after the client has appeared for court, regardless of the verdict. If the individual flees or fails to appear at the trial, the bail money is forfeited and an arrest warrant is issued.
Bail is decided upon by the judge at the arraignment shortly after the individual's arrest. The judge not only determines the amount bail will be set at, but may refuse an option for bail altogether. Requests for bail may be denied if the client has a high propensity of risk, is accused of a particularly heinous crime or is thought to be an imminent danger to society. If bail is granted, the amount at which it is set is based upon these same factors. The opportunity for flight or severity of accused crimes may persuade a judge to set a higher bail amount.
If an individual or their family is unable to pay the bail, the services of a bail bondsman may be enlisted. A bail bondsman will guarantee appearance at the court for only a percentage of the actual bail amount. Property collateral may also be used, if cash is not readily available. The client's attorney should be able to recommend a licensed bondsman to work with. If the individual has no recourse and cannot post bail, they must remain in jail until their scheduled court date, but will be appointed a public defender free of cost.