In Chesterfield, When an arrest is followed by a charge of crime, the lag between the arrest and the case trial can be a long one, often extending into weeks and months. But it is not mandatory to serve jail until the time for trial is due. You can always check out bail options.
On most instances, a process allows the accused release from jail after an exchange of money (bail), property pledge or a promise to head back to the court every time there is a hearing related to the case. When the accused successfully attends all hearings in the court, the bail is funded back to them after the trial proceedings are over. The refund is made irrespective of whether or not the accused is innocent.
When you check out bail options, you will come across the following point often. In case, the accused fails to appear before the court on any one or more hearing, the property or the bail can be forfeited. The court will keep it. On most such instances, an arrest warrant is issued.
While there are different bail options set by different courts, the bail is generally set to the tune of an amount that is healthy enough to draw the accused back to the court. Depending upon the place of trial, the specific amount can vary greatly. The judges also play their part in determining the amount. Other influential factors include:
- Nature of the crime (degree of seriousness)
- Criminal record of the accused
- Possibility of the accused fleeing area to avoid trial
- Financial resources of the accused
These factors explain why two people that are charged with the same crime may have to pay different bail amounts.
However, by the ruling of the Eighth Amendment of the constitution, excessive bails and fines are not charged from the accused. Also, over years courts and lawyers have devised certain loosely defined rules for bail amount, who may be entitled to it and what can be the possible bail options for these people.
Generally, one can be retained in jail in absence of bail, if:
- The judge believes the accused is dangerous for the community
- There is chance the accused will try to escape trial
- The accused is suspected to have committed a violent crime
- If the charged crime is punishable by death or life imprisonment
- If the charge is related to drug crimes
Cases have been observed where the judge sets an extraordinarily high amount for bail. This is to keep the accused confined in prison until it is time for the trial. #bailbonds