Getting Out of Jail if You Are Arrested

If you’ve been arrested, there’s probably just one thing on your mind — getting out of jail. This is usually accomplished by posting bail. Bail typically is cash or a piece of property that you give to the court in return for your promise to show up to your court dates.

It is important to note that your defense should begin as soon as possible. Contacting a criminal defense attorney is the best way to start and increase your chances of getting out of jail. Your criminal defense lawyer can represent you at your arraignment and argue that you receive a reasonable bail amount.

The Process of Setting Bail

After your arrest, if you’re not able to see a judge right away, you could end up spending some time in jail. This is typical on weekends and holidays. This is a tactic used by police, who will arrest you on Friday, meaning that the earliest you could see a judge to set bail is Monday.

However, many jurisdictions have standard bail amounts for common, minor offenses, which means getting out is a simple matter of paying the fixed amount.

The bail process begins shortly after your arrest. You will appear at your arraignment, the first court hearing, where a judge will set a court date for your trial and set a bail amount if you are eligible. Your bail eligibility for bail will depend on whether you are a flight risk, your community ties, the seriousness of your crime, and your criminal record. The judge may also set bail conditions.

The Eighth Amendment of the U.S. Consitution protects people from having excessive bail amounts set against them. Courts can’t use bail to raise money or punish you for being arrested. Bail amounts can only be reasonable enough to guarantee that you make your required court dates.

Despite this, judges often set high bail amounts to keep people accused of serious offenses like murder or drug trafficking behind bars. While many have argued that this type of high bail violates the Eighth Amendment, almost all attempts to change it have been unsuccessful.

In many other cases, arrestees cannot afford reasonable bail payments. If this happens, you must wait to ask the judge to lower the full bail amount at a special bail hearing or during your first court appearance. Depending upon your financial situation, the judge may decide to lower your bail amount.

Posting Bail

Posting bail can be done in a few ways, such as:

• Paying by cash or check
• Signing over ownership rights to property
• Paying a bail bondsman (a promise to pay if you don’t appear)
• Signing a statement that says you will appear in court at the required time, generally called being released on your own recognizance

Many people are forced to purchase a bail bond to pay bail and get out of jail. Generally, the purchase price of the bond amount is about 10% of the value. Therefore, if your bail is set at $5,000, you can expect to pay about $500 to purchase a bail bond.

You should avoid purchasing a bail bond whenever possible. If you appear in court and meet all the requirements, you usually get the full amount of bail returned to you (minus some small, administrative fees from the court). However, bail bonds are generally not refundable, and you’ll probably have to give the bail bondsman collateral (such as an interest in your car or home) to get the bond. If you miss a court date, the bondsman can cash in on the collateral, meaning they could sell your property.

Getting Released On Your Own Recognizance

If you have the option of being released on your own recognizance, you should take it. For this option, you may have to request one at your first court appearance in front of a judge. If your request is denied, your lawyer can always ask for a lower bail amount.

There are certain factors that can lead a judge to release you on your own recognizance. Many of them have to do with your ties to the community. These factors can include:

• Having close family members living nearby
• Being raised in or living in the community for a number of years
• Having a job in the community
• Having no criminal history, or a criminal history that only includes small crimes and misdemeanors
• Having a good track record of showing up to court when required in the past

Have Someone Working for You

The best way to improve your chances of getting out of jail after an arrest is to hire a criminal defense attorney. Every jurisdiction is different and every case is different. A criminal defense lawyer will give you the best legal advice so that if you can get out of jail, you will be able to do so promptly and fairly.