When you’re arrested, one of the first concerns is whether you’ll be released or remain in custody until your court date. Bail and bond play a key role in this decision. Knowing how bail works, the options available, and what to do if the amount is more than you can afford can significantly impact your experience. Understanding these processes can help you or a loved one make the best choices when facing criminal charges.
Bail vs. Bond: What’s the Difference?
Bail and bond are often used interchangeably, but they serve different purposes in the criminal justice system.
- Bail is the amount of money a defendant must pay to be released from custody while awaiting trial. It acts as a guarantee that the defendant will return for all scheduled court appearances. If the defendant appears as required, the bail money is typically refunded, regardless of the case’s outcome. However, if the defendant fails to appear, the bail is forfeited.
- Bond involves a third party, usually a bail bondsman or surety company. When a defendant cannot afford to pay the full bail amount, they can seek a bond, where the bondsman agrees to pay the bail in exchange for a non-refundable fee, usually 10% of the bail amount. If the defendant fails to appear in court, the bondsman is responsible for the full bail amount, creating a financial obligation.
How Bail Is Set: Factors Courts Consider
When courts set bail, they carefully evaluate various factors to balance the need to ensure the defendant’s appearance in court with public safety concerns. The key factors considered include:
- Severity of the Crime: More serious offenses, especially violent crimes, typically lead to higher bail amounts due to the increased risk they pose to the community.
- Criminal History: Defendants with prior convictions, particularly for similar or repeat offenses, may face higher bail as they are considered at a higher risk of reoffending or not appearing in court.
- Flight Risk: The court assesses whether the defendant is likely to flee to avoid prosecution. Factors such as previous instances of failing to appear, lack of stable employment, or ties to other areas can increase the perceived flight risk.
- Community Ties: Strong connections to the community, such as family, employment, and long-term residency, may result in lower bail as they indicate the defendant is more likely to remain and attend court dates.
The Bail Process: What to Expect
The bail process begins once the court sets the bail amount. Here’s what you can expect:
- Payment of Bail: If you or your family can afford to pay the full bail amount, the money is deposited with the court, and you’re released from custody. This payment is a guarantee that you will return for all court appearances.
- Securing a Bond: If the bail amount is too high to pay in full, you can secure a bond through a bail bondsman. You typically pay a non-refundable fee, and the bondsman posts the full bail amount on your behalf.
- Release from Custody: Once bail is paid or a bond is secured, you are released from custody with the condition that you must return for all scheduled court dates.
- Forfeiture of Bail: If you fail to appear in court, the bail money or bond is forfeited, and a warrant may be issued for your arrest.
What Happens If You Can’t Afford Bail?
If you can’t afford to pay the bail set by the court, you still have options. One option is to request a bail reduction hearing, where your attorney can argue that the bail amount is too high based on your financial situation, community ties, and the specifics of your case. Another possibility is to be released on your own recognizance (ROR), meaning you promise to return for court dates without having to pay bail. This is more likely if you have no prior criminal record and strong ties to the community. Additionally, you can seek assistance from a bail bondsman to post bail on your behalf.
Get Help If You’ve Been Arrested in Orlando
At Central Justice, we understand how overwhelming the bail process can be. We’re here to guide you through every step, advocating for a fair bail amount and exploring all your options. If you or a loved one is facing criminal charges, contact us today to get the support you need.
