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Criminal Offenses

How To Handle Bail Related Cases

Bail is typically an amount of money deposited, or form of property pledged to a court in order to release a suspect from jail.  This is based on the understanding that if granted bail, the suspect will return to court on his/her trial date.  More often than not, whatever form of bail is posted will be returned once the suspect has made all court appearances, whether found guilty or innocent.   It is recommended that you seek representation from a criminal attorney to help better explain bail issues associated with a crime. 
  
If you and your criminal attorney decide a bail bondsman is needed to assist in posting bail, the bondsman will obtain a surety bond.  This is used as insurance, and is non-refundable.  The bail bondsman puts up this bond and takes responsibility to ensure the suspect returns to court on their trial date.  Typically a bail bondsman needs 10% of the bail posted in order to work for you.  In the event the suspect jumps bail, or defaults on bail, the bondsman has legal authority to find him/her, or hire a bounty hunter to do so.  The criminal attorney you select to represent the case will also see to it that the suspect knows the repercussions associated with fleeing, or jumping bail. 
  
Not everyone is eligible for bail.  A judge must be convinced that the suspect is not a flight risk, and will return to court if released on bail.  The loved ones of the suspect, must prove he or she is not a risk to flee, and should be granted bail.  Your criminal attorney will help you determine how to best navigate your way around these proceedings.  Remember, a judge always assumes presumption of guilt in these cases, especially those involving drugs and firearms.  
  
Illegal substances and firearms related charges represent over three-fourths of all bail-related cases.  When drugs and/or firearms are involved you and your criminal attorney must have a plan in place before seeing the magistrate.  Prior to going before the magistrate, you must gather information to have bail set.  With this information, you and your criminal attorney have a chance to prove to the magistrate that the suspect is not a flight risk, or risk to the community.  
  
There are documents that are recommended you and your criminal attorney gather and bring to the magistrate for review.   Paycheck stubs, as proof that the suspect is currently working, and must be released on bail to continue work to support family and/or children.  Another example is a phone bill of where the suspect will stay while awaiting trial.  This gives the court a reason to believe the suspect is not a flight risk.  Your criminal attorney will help you determine the best course of action, and the strongest documentation to provide, when going before the magistrate.  

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