How the Bail System Works and What You Should Know

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If you’re a Netflix fan, you might have heard the words “The bail is set at fifty thousand dollars” in many of the series. But what does that actually mean, and how is that amount even determined?

50k is not a small amount. So, how does a defendant come up with such a huge amount in a short time? These are all the questions that many relatives ask. 

Let’s explore the various bail types and how defendants secure their release. 

Five Types of Bail

Before moving forward with the process, let’s discuss the various types of bail. 

1. Cash Bail: The accused pays the bail amount in full and is returned when they appear in court. 
2. Surety Bond: Also referred to as a Bail Bond. It is provided by a bail bondsman who promises to pay the amount if the defendant fails to appear. 
3. Property Bond: The defendant’s property is used as collateral for bail and must be equivalent to or more than the set bail amount. 
4. Citation Release: For minor offenses, defendants are usually given bail on the promise that they will appear for legal proceedings 
5. Personal Recognizance (PR) Bond: On rare occasions, the accused is released without any bail amount, based on their recognition. 

How Does a Defendant Make Bail After Being Accused?

Here’s how the bail process typically looks: 

• The Accused is Arrested

First, the suspect is brought into the lockup and processed. It includes all the information about the suspect and the crime they are alleged to have committed. 

After fingerprints and mugshots, the person can call their relatives or their attorney directly. Most accused call their criminal defense attorney. That’s a smart move because they can assist with the bail and potentially negotiate more favorable terms. 

• Court Hearing

Usually, within two days, the accused is allowed to have a hearing to determine if they’re eligible for bail or not. This is where the lawyer attempts to negotiate better bail terms. 

• The Bail Amount is Set

Based on the appeal and evidence, the judge sets a bail amount. It is usually at the judge’s complete discretion to decide the amount. However, some states also follow a pre-determined standard for bail. 

For instance, in New York, the bail amount for assault ranges from $5,000 to $250,000. Whereas, in California, the range is from $30,000 to $100,000. 

• Bail Amount is Paid

Depending on the defendant’s financial circumstances, they can either pay the bail in full or contact a bail bondsman for a surety bond. Once paid, the accused is free to go, but is required to be present during the hearing. 

• After Legal Proceedings

If the accused follows the protocols and attends the proceedings, the bail amount is returned. However, if the defendant jumps bail for any reason, the amount is forfeited immediately. 

Summing Up

The bail system has undergone significant evolution over the past few years. States like California and Washington, D.C., as well as many others, have already begun replacing cash bail with a points system. 

It’s because defendants who lack resources often end up in jail, even if they’re deemed innocent afterwards.