Criminal Law

Bail Funds: What Are They and How Do They Work?

Key Takeaways:

  • Bail funds provide money for low-income people to get out of jail while awaiting future court dates.
  • Because people who follow through on court dates receive their bail money back at the end of their cases, bail funds will take that money back. 
  • Bail funds raise money from their community and rely on referrals from friends and family members for donations.

Most people who are in jail are there on pretrial detention. This means you have not been convicted of any crimes but are awaiting further court proceedings. In order to get out of jail after an arrest, you need to post bail.

Most courts in the U.S. currently use a cash bail system. Because a strictly cash system would discriminate against low-income populations, courts allow bail. Bail funds are one method people use to help low-income or other pretrial detainees get out of jail.

criminal defense lawyer in your area will be able to help you request bail, get bail, find a reputable bail bonds person, and then help prepare your defense.

What Is a Bail Fund?

Bail funds are not new. Nor are they legal defense funds, meaning they do not pay for your criminal defense if you are accused of a crime. Instead, bail funds provide the money for defendants to get out of jail while awaiting more court hearings. This allows accused defendants and asylum seekers to go to work, prepare their cases, and avoid the harmful consequences associated with a lengthy stay in jail.

How Does Bail Work?

Bail is, essentially, a payment made as a promise to return for future court proceedings. If you post bail and come back for your scheduled court appearances you get your bail money back.

A judge sets the bail amount, or the money required to secure your release, based on a number of factors such as your flight risk and the risk of harm to the community. There can also be conditions set for bail, such as not leaving the state. While most defendants receive bail, the U.S. Constitution does not require it. Judges can refuse to set bail if they deem the risk too high.

You and your attorney arrange for someone, most likely loved ones, for the bailout. Once you post bail you get out of jail. You must return to court for all future court dates.

Bail vs. Bond

Bail and bond are often used interchangeably – but they are not the same thing. A bond is a type of bail. You can usually do this through a bail bond company. These companies can usually be found around any U.S. courthouse.

A bail bondsman will pay bail on behalf of people in jail, telling the court that they will secure the accused person’s return to court. They do not keep the bail money, but instead charge you a fee.

Bail funds are not bond companies. For one, bail funds post your bail without a fee. Bail funds are often charitable organizations. They help defendants post bail and then recover the money when they get their bail money back.

The Role of Bail Funds in Protests, Rallies, and Criminal Justice Reform

Protests and rallies often lead to arrests. Sometimes, those arrests can be for legitimate reasons. However, protesting is a right protected by the First Amendment. While that right doesn’t cover all conduct at rallies and protests, many people nonetheless recognize that those participating in a legitimate protest should not be arrested for expressing their views. That is one reason why bail funds have become more prominent in recent years.

Another reason is the inequality seen in the criminal justice system today. If you are a low-income, non-violent offender who is neither a risk to the community nor a flight risk, you could still spend many more months in jail than someone who could post bail. Spending a long time in pretrial detention is more than just unpleasant. Even if you ultimately prove yourself innocent you can still lose your job, home, and relationships unnecessarily.

Using a Bail Fund

Many bail funds are nonprofits and tend to be local. However, they are increasing in prominence due to the Black Lives Matter movement and many organizations looking at criminal justice reform. Bail funds may also lobby and otherwise advocate for bail reform generally.

If you are looking for help from a bail fund, or wish to donate, here are some resources below:

Bail funds typically use referrals from friends and family. If you are looking for the assistance of a bail fund, you’ll need to contact them and provide information. If you qualify, they will post bail for you. If you are looking to donate, check that the bail fund is a nonprofit.

First Step in Your Defense

Bail is one of the first steps you take in mounting your defense. An experienced criminal defense lawyer can help you with bail, and help you plan and execute the remaining elements of your defense.

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