No one is ever really prepared for an arrest. If you ever find yourself thrown into that situation, it’s best that you come equipped with basic knowledge of the purpose of a hearing, the steps to be taken, as well as what to expect. This will help make your experience less stressful and help you focus on making bail so you can get out of jail as soon as possible.
What is a bail hearing?
When someone is charged with a criminal offense, a short trial called a bail hearing is held to determine whether or not to release the arrested person (the accused). In this court procedure, a judge or justice can allow the accused to be released from jail for the duration of his or her trial as long as they sign a form promising to attend court on the date and time specified by the police.
Depending on which state or city you are arrested in, there are different rules when it comes to posting bond. Typically, if the defendant is not able to provide the amount required by the court for bail, a bail bond company is contracted.
What is the purpose of a bail hearing?
The reason why bail hearings are held is to assess the probability of the accused appearing in court on the date of the trial. The presiding judge will evaluate the evidence presented by the defendant to determine whether or not they are a threat to society and if they are a flight risk.
- A defendant who makes bail should expect the following:
- You may be given travel and residence limitations.
- You may have to stay at home during specific hours, usually overnight.
- You may be required to maintain regular meetings with an officer to check-in.
- You may be required to undergo drug and alcohol testing or psychiatric treatment.
- You may be ordered to avoid interacting with witnesses involved in your case.
- You may be not be allowed to contact any co-accused persons.
- You may have to follow the rules of a house arrest.
What will stop bail from being set?
The court will consider a lot of factors when deciding whether or not to grant bail, and when determining the amount. There is a chance that the court may not deem it fit to grant a defendant bail.
Below are some situations wherein the accused is less likely to be eligible for bail:
- The crime was violent or involved homicide.
- The arrest occurred while the accused was out on bail.
- The accused committed a previous crime.
- The accused has a history of missed court hearings.
- The accused poses a threat to society.
- The accused is a flight risk.
- The accused has an outstanding warrant for his arrest, or is out on parole.
- The accused is an illegal immigrant.
Ultimately, the decision of whether or not to grant a defendant bail falls on the presiding judge. If the judge doesn’t allow bail, he might also set bail at an extremely high amount that is more than the defendant is able to pay, even with the help of a reputable bail bond company. If you or someone you know is going through a similar situation, you have to prepare yourselves for the possibility that the judge’s final decision might not go in your favor.
Find a Bail Agent You Can Trust
If you’re ever in need of a bail company, make sure to get one that you can depend on. Lucky Lucero’s Bail Bonds is a bail company that has been helping people since 1982. We strive to be your go-to partners for when the going gets really, really tough.
Give us a call—we pick up at any time, day or night. We’ll be here when you need us, always!