Judges usually set a bail sum at a suspect’s first court appearance after a capture, which may be either a bail listening to or an arraignment. Judges regularly stick to standard practices (for instance, setting bail in the measure of $500 for peaceful frivolous offenses). Then again, judges can raise or bring down the standard bail, or waive bail inside and out and stipend discharge on the respondent’s “own particular recognizance,” or O.R., in view of the circumstances of an individual case.
(For related data, see Can you claim a judge’s bail request?)
Litigants needn’t bother with a legal advisor to organize bail. They can either post money bail actually, or telephone a bail bond agent riverside county and organize a bond. Relatives or companions can go to a prison or court and post money bail for a captured individual or buy a bond from a bail bond riverside county vender.
Elements That Influence Bail Amounts
Notwithstanding the reality of the charged wrongdoing, the measure of bail as a rule relies on upon components, for example, a litigant’s past criminal record, whether a respondent is utilized, and whether a respondent has close binds to relatives and the group.
Judges might lawfully deny bail through and through in a few circumstances. Case in point, if another ward has put a warrant (hold) on a litigant, a judge is prone to keep the respondent in authority at any rate sufficiently long for the other locale to seek after its charge. Furthermore, bail may be denied to a litigant why should likely escape the locale before the case closes.
Sample: Jennifer Sample is captured and accused of dealing with a huge prostitution ring. Jennifer is a naturalized American subject conceived in Spain, and her family still lives in Barcelona. While seeking Jennifer after her capture, the police observed that she was conveying an identification and $5,000 in real money. Under these circumstances, a judge will presumably be exceptionally hesitant to set bail for Jennifer. Her family foundation and the way that she was conveying a travel permit and a lot of money propose that Jennifer may escape to Spain on the off chance that she is discharged on bail. Unless Jennifer can disclose to the judge why she was conveying the international ID and money, and can likewise show solid binds to the neighborhood group, a judge is liable to deny her demand for bail.
In numerous ranges of the nation, respondents can post bail with the police even before they are conveyed to court for a bail listening to or an arraignment. Numerous penitentiaries have posted bail plans, which indicate bail sums for normal wrongdoings. A captured respondent can acquire discharge quickly subsequent to booking by paying the measure of bail put forward in the jailhouse bail plan. bail calendars can fluctuate significantly as per region, kind of wrongdoing, and residency.
When in doubt, bail for offenses delegated crimes is five to ten times the bail needed for wrongdoings. The more genuine and risky the wrongdoing, the higher the measure of bail is prone to be. When in doubt, a jailhouse bail timetable is resolute. The police won’t acknowledge bail other than as put forward in a timetable; suspects needing to pay less must go in the witness of a judge.
As an option or notwithstanding jailhouse bail plans, a few zones have obligation judges. An obligation judge is accessible to alter bail via telephone, without the need for a formal court hearing. Like a jailhouse bail timetable, utilizing an obligation judge is a possibility for captured persons why should on edge ransom of penitentiary under the watchful eye of going to court.
Police Practices That Affect Bail Amounts
Lamentably for some suspects who need to ransom of correctional facility rapidly, the police have a tendency to capture suspects for the most genuine criminal charge that can be bolstered by the truths available to them. Case in point, the police may treat ownership of a little measure of cannabis (a misdeed in many states) as a capture for ownership of maryjane with purpose to offer (a crime in all states). Despite the fact that such a charge will probably be diminished to a misdeed later for the situation, it is a crime for the reasons of the bail calendar, and bail will be set likewise.
This article was excerpted from The Criminal Law Handbook, by Paul Bergman, J.D., and Sara J. Berman, J.