If You Are Put in Jail
Posted by seo How to Get Out of Jail
If you are arrested and taken to jail you need to contact a criminal defense attorney immediately. After you have made arrangements for a competent criminal defense lawyer you will want to get out of jail. In order to get out of jail you have three options:
- Work your way through the legal process Edit this text , or go to trial and either be found “not guilty,” or be found guilty and be sentenced to something that does not involve further incarceration.
- Go to court and request that you be released to your own recognizance. This type of release is also called O.R. Don’t consider asking for O.R. unless you have a history in the area long enough to make the judge believe you will return at the appointed time . Judges generally do not grant O.R. unless you can prove a significant work history and either no history of crime or a very minor criminal past. If the judge denies an O.R. request you can still ask the judge for bail. Bail can be posted for your release by anybody including you.
What is Bail?
Bail is money paid, collateral pledged, or bond posted to the court to insure that a person charged with a crime will return to court when they have been instructed to return. When the defendant appears in court at the proper and agreed upon time the bail is returned to the person who posted it. If the defendant fails to appear, the court keeps the bail and issues a warrant for the defendant’s arrest.
How Bail Works
There are a couple of different ways that bail can be done:
- You can pay the full amount yourself in cash or pledge collateral you own equal to full amount required. This is the simplest way to get out of jail.
- You can purchase a bail bond. Generally, most bondsmen and bail bond companies charge a fee of 10% of whatever the bail has been set at. You enter into an agreement with a bail bondsman guaranteeing the full amount of bail, pay a 10% fee to a bail bondsman, who posts a bond with the court for the total amount of the required bail. If you appear in court as specified, the bondsman has his bond returned by the court and keeps your 10% payment as his fee. If you fail to return for your court date, you forfeit yoiur bond to the court and the bail bondsman comes after to collect the money he lost and you guaranteed.
Is it Better to Post Bail Yourself or Use a Bail Bondsman?
Using a bail bondsman is an attractive idea, especially if youcannot afford the amount of bail set by the judge. Then it may be your only option. Don’t forget, that 10% fee is nonrefundable, so that is the least a bail bond will cost you. In addition, a bondsman may ask you to pledge collateral in the form of a financial interest in a valuable property or business. The bondsman can then take over ownership or interest in the pledged collateral if you fail to return for your court appearance, and that can be especially costly and end up costing you more in the long run.
If you or a member of your family or friends can afford it, it will save you money and spare you a great deal of red tape to just pay the bond yourself. When you appear in court as scheduled the entire amount , minus a small administrative fee, will be returned to you.
The bottom line is that most people are not familiar with bail, jail, bail bandsmen and the legal process. Your best bet is to contact a criminal defense attorney who will help you make the best choices.
