What Happens After Bail is Granted?
After Bail is Granted
If you are arrested and charged with a crime you have the right to be released on bail. This is a promise to the court that you will return for all future court appearances related to your case. Bail is often set based on your past criminal record, ties to the community and your employment status.
The first time a defendant appears in court after being arrested they will be arraigned on the charges against them by a magistrate judge. At this hearing the judge will learn more about the case, the alleged facts of the matter and decide whether you are likely to flee from prosecution or not. If the judge feels that you are a flight risk they may set high bail or deny bail entirely.
It is often difficult for people who cannot afford to pay bail to get out of jail. In most states there is a law that says the judge must take into consideration the fact that requiring you to pay bail will pose “an undue hardship” on you and your family when deciding to release you from custody. Unfortunately this law is often ignored by judges.
After a person is released from jail they are usually under the supervision of both their bail agent and the individual who paid their bail. This means that they have to check in regularly with the agent and keep them informed as to where they are and their appearances at court. If they do not then a warrant is issued for their arrest and the agent will go out looking for them to bring them back into jail.
What Happens After Bail is Granted?
Once a defendant has been bailed out of jail they must not commit any further crimes or break any other conditions of their release. They are also required to attend all future court proceedings related to their case and they must not interfere with any witnesses. If they commit another crime or break any of their bail conditions then the bond company that paid their bail will be required to pay the full amount of the bail to the court.
In some cases a defendant is released on their own recognizance without having to pay any bail at all. This happens most often in misdemeanor cases where the charge is not serious or violent. If a defendant makes a strong enough argument for release on their own recognizance at the arraignment then the judge will often grant that request.
In some cases a person who is trying to secure the bail for someone else will put up the money or property as security in order to guarantee that they will appear in court. The person who is securing the bail will be called the co-signer or surety. They are responsible for making sure that the defendant shows up for all of their court appearances or they will be liable to repay the full amount of the bail. Typically a co-signer is required to sign a contract with the bail bond company promising that they will repay the full amount of the bond if the defendant does not show up for court.