Should You Post Bail Immediately Or Wait For The Judge?

Finance & Money Articles

The quintessential question many people who are arrested eventually ask is whether they should use the bail schedules to get out of jail immediately or wait to see if a judge will set bail at a lower amount. Despite how simple this question may seem, there isn't always a clear answer for it, because each person's situation is different. Here are three things to consider which may help you determine the best option for you.

The Likelihood of Getting Reduced Bail

The first thing up for consideration is the likelihood a judge will reduce the amount of bail you must pay to get out of jail or not require bail payment at all (e.g. release you on your own recognizance). There are a number of factors judges look at to determine how much bail should be set. This includes:

• The severity of the crime
• Your criminal background
• Your employment status
• Your ties to the community
• Your reputation
• Whether you are a flight risk
• Your financial circumstances

Judges are more likely to set low or no bail requirements for people who committed minor crimes, are first-time offenders, and aren't flight risks. Even if you have less-than-ideal factors that may count against you (e.g. you were previously convicted of a similar crime), you may still qualify for a lower bail amount if the totality of your circumstances indicates there's little risk associated with releasing you from jail.

Bail is used to ensure defendants don't skip out on their court appointments and sometimes to prevent people who may present a public risk (e.g. violent offenders) from being released where they may reoffend. If neither of those risks is apparent in your case, then you may qualify for a lower bail amount.

Conversely, if there are several strikes against you (e.g. severe offenses like robbery or you have the means to leave the country), then bail will likely remain the same, and you should probably use the bail schedule to get out of jail sooner rather than later.

How the Bond Payment Will Be Made

Another thing you want to consider is whether the bail will be paid in cash at the courthouse or whether you'll be using the bail bond services. If you'll be paying cash directly to the courthouse, it doesn't really matter if you pay using the schedules or wait for the judge, because you'll get all of your money back once you've met the terms of your release. If you'll be using a bail bondsman, however, then you may want to wait.

This is because bail bondsmen charge a non-refundable fee that's calculated as a percentage of your bail amount. You could potentially save some money if you choose to wait for a court decision. For instance, the bail fee is 15 percent in Nevada. If the bail schedule requires you to pay $10,000 to be released, then you will have to pay the bond company $1,500 for their services. If you wait a few days to go before the judge and he or she sets it at $5,000, then you just saved $750 in fees.

Personal Circumstances

Thirdly, your specific circumstances will also contribute to your decision to bail out early or wait for the judge. If you're employed or have children to care for, then using the bail schedules is the best option for getting out of jail fast.

However, personal responsibilities are not the only thing you should think about. You need to also consider whether it's safe enough for you to stay in jail until your bail hearing. Some jails are terrible, and people have been known to be abused or die in them because of mistreatment from other inmates and staff members. If the jail you're in presents a risk to your safety, then you're better off using the bail schedules to get out of there as soon as possible.

For help getting out of jail fast, contact a bail bondsman at a company like All Star Bail Bonds in your area.

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28 July 2016