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How could bail apply to your criminal case?

Because no arrest is the same, your situation differs from all others. Whatever the reason a police officer believed you violated the law, you faced the possibility of receiving a ticket and court date and going on your way or the potential of the officer taking you to jail. In your case, you, unfortunately, went to the big house.

On the bright side, the court may decide to set a bail that would allow you to leave jail after you or someone else pays the bail amount. Of course, just as every arrest is different, bail and the possibility of bail also differ for each case.

No bail

Starting on the less positive side of this type of scenario, the possibility does exist that the court will decide to hold you without bail. Most often, this outcome occurs when a person stands accused of committing a serious crime and presents a potential danger to the community. The court may also withhold bail if a person has a high flight risk.

Setting bail

When it comes to setting bail, the judge will consider various factors in order to determine a suitable bail amount, which may include the following aspects:

  • Nature of the alleged crime
  • Whether the incident involved violence, malice or presented dangers to the community
  • Other circumstances surrounding the charges
  • Evidence against you
  • Past criminal history
  • Flight risk potential

Depending on your particular situation, the judge may also consider a number of other details before setting a bail amount.

Paying bail

Commonly, you or someone paying the bail for you has various options for paying the designated amount. Cash, cashier's check, real property equity bond or money order are all typically accepted. However, in some instances, the judge may order bail as cash only. After the posting of bail, the court will send an order for your release.

If you, a friend, loved one or other personal party cannot pay your bail, you may have the option of utilizing a professional bail bond agent. This person will charge a percentage of the total bail and then agree to pay the remaining amount to the court in the event that you do not appear for your scheduled court date.

After bail

Though you may feel relieved to get out of jail after posting bail, you need to remember that your case will not end there. Instead, you may want to take a proactive approach and begin looking into your criminal defense options. Having legal information relating to your case could help you work toward the best possible outcomes.

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Law Office of Sam Byrd
3828 Dayton Blvd
Chattanooga, TN 37415

Phone: 423-954-7949
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NCDD National College for DUI Defense: Samuel A Byrd