When a suspect in a crime is arrested, there are certain procedures that must be followed. First, the suspect must be prosecuted in police custody (data entry) and then an eligibility determination for release must be made. The release of a suspect may be granted in exchange for payment of a specific amount of money (bail).
Bail is money or other property that is deposited in court to ensure that the accused person will return to court when ordered. If the defendant returns to court as required, the bond will be returned at the end of the case, even if the defendant is convicted. However, if the defendant does not appear in court when it is required or violates the terms of the bond, the court will confiscate the bond and it will not be returned.
Parole may also be granted to a suspect. In other words, the suspect may be released with a promise to appear in court at a later date.
The data entry process usually involves the following steps:
- Collect the suspect’s personal data (ie name, date of birth, physical features)
- Record information about the crimes allegedly committed by the suspect
- Perform a search in the records on the criminal record of the suspect
- Take fingerprints, photographs and requisition the suspect
- Confiscate personal effects of the suspect
- Place the suspect in a holding cell or local prison
In general, it is possible to achieve release by paying a bond. Bail is usually cash or good of pecuniary value that you give to the court in exchange for your promise to appear when ordered. If you appear before the court, the bond is returned. However, if you do not appear, the court will keep your bail and probably issue an arrest warrant against you. The eighth amendment to the Constitution of the United States prohibits excessive bail. The purpose of the bonds is to ensure that an arrested person appears in court when ordered. Therefore, bail can not be used as a way for the government to collect money or punish a person for having been arrested.
How is a bond determined?
If you are arrested, you can pay a certain amount of money in order to get out of prison before the trial. This is known as “pay bail”; However, the amount of the bond may vary depending on the state and various factors. Generally, a judge will use a bond scheme to determine how much the amount should be. This scheme can be affected by elements such as the criminal record and suspect’s history, the seriousness of the crime and the suspect’s ties to family, community and employment.
The main factor that a judge will consider is the seriousness of the crime, when the accusation is committing a violent crime against a particularly vulnerable group, the judge can increase the amount of the bond. When the bonds with the community, employment and family are analyzed, the judge is weighing the risk of the escape of the accused. The judge wishes to ensure that the bail amount will be sufficient to prevent the person from escaping, but also to ensure that the person appears in court in order to claim the refund of the bail amount.
Payment of the deposit
The payment of the bond is the process of paying the amount of money that the court has set forth to grant their release. This can be done in several ways:
- Pay the amount of the deposit in cash or by check
- Renounce your rights of ownership over a property that has a cash value similar to or greater than the amount of the bond
- Give a guarantee (a promise to pay the full amount of the bond if it is not presented) for the entirety of your bond
- Sign a statement by which you promise to appear when ordered (parole)
Obtaining parole is, by far, the most chosen method to pay a bond because it does not involve disbursement of money. If you decide to pay the amount of the bond, you will be refunded that amount when it is filed as ordered. In general, the guarantee has a cost of 10% of the amount of the deposit. If you do not show up when ordered by the court, you will lose the amount of the guarantee, as well as any secondary guarantee that you would have used to obtain your guarantee.
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