To be honest, nothing is more painful than getting arrested during a Superbowl weekend. If you discover yourself in jail after an arrest, there’s possibly just one thing going through your head — getting out. This is usually accomplished by posting “bail,” which generally includes cash or a piece of property with cash value that you provide the court in exchange for your promise to appear in court when ordered to do such. The court will return your bail if you do so. On the other side, if you fail to appear, your bail will be kept by the court and most probably you’ll be issued a warrant, indicating you’ll likely end up back in jail.
The Process of Setting Bail If Arrested During Superbowl Weekend
Just after getting arrested, the very first and foremost thing that you’ll have to do is to know your bail amount as early as possible. However, if you’re unable to find a judge quickly, you could find yourself spending some time in jail, typically a weekend. In reality, this is sometimes a strategy implemented by the police as you’ll be arrested on Friday, indicates that the earliest you could find a judge to set your bail is Monday. However, for a few of the more common crimes, jails often have a whole chart demonstrating the standard bail amounts which indicates getting out is an easy matter of paying the set amount.
The Eighth Amendment determines that nobody can have an exceeding bail amount set against them. This has been demonstrated to indicate that bail cannot be utilized as a way for the government to increase money or to punish an individual for being arrested. The Eight Amendment therefore makes sure that bail is only utilized as an assurance that an arrested individual comes back to court at the due time. The amount of bail can’t be more than is acceptable to accomplish that purpose.
Despite the principle behind the 8th Amendment, judges frequently use extremely huge bail amounts to forbid an arrested person from getting released from jail. This kind of excessive bail is frequently utilized for people that have been arrested on suspicion of murder, dealing drugs or other violations where flight is a real possibility. Most people have fought that this sort of high bail infringes the 8th Amendment, but almost all have already been unsuccessful.
Additionally, there are scenarios in which bail is set at an acceptable amount, but the arrestee still is unable to afford the payment. When this occurs, the arrested person needs to wait to ask the judge to reduce the bail amount at a special bail hearing or throughout the defendant’s first court appearance. Based on your financial situation, the judge may make a decision to reduce your bail amount, which could actually make it simple to get out of jail.
Posting Bail
Posting bail can be accomplished in a number of different ways, for example:
- Paying by check or cash;
- Signing over the ownership rights to property;
- Providing a bond in the full amount of your bail; or
- Putting a sign on a statement that clearly indicates you will appear in court at the right time, normally known being released on your own recognizance or “O.R.”
In general, if you can make yourself released on your own recognizance, you should make an effort to take that option. However, most people are forced to obtain a bail bond in order to get released from jail. A bond is similar to a cheque that you provide someone with whom you are very close (like friends or colleagues), asking him or her not to cash it until you mention it’s good to do so. Normally, the obtaining price of the bond is about 15% of the value. So, if your bail bond price is fixed at $4000, you should have to pay at least $600 in order to obtain a bail bond.
You should stay away from obtaining a bail bond as much as you possibly can. If you show up in court and meet all the needs, you generally get the whole amount of your bail get back to you (deduct some tiny, administrative fees from the court). However, if you obtain a bail bond, remember that you’re already out 15% of your bail amount (this is typically not refundable), and you’ll also possibly need to give the bail bondsman some parallel to get the bond (for example an interest in your home or car). In case you are unable to show up in court at the required time, the bondsman can cash in on the collateral, indicating that he or she could sell your asset/property and take the cash from the sale.
Final Verdict
In case you’re experiencing criminal charges, the ultimate thing you would like is to be locked up and away from your loved ones. In the end, you’re gonna count on their support to assist you throughout the process. You’ll also find some possible outcomes in terms of getting out of jail after an arrest and the outcome in your case will be based on whether you have a powerful advocate on your side. Get a skilled and professional criminal defense attorney near you for assistance today.