Understanding Your Right to Bail when Arrested


Someone’s first thought upon landing in jail would usually be: How to get out—fast. The most common step to get your way out is to post bail.

Before we start let us establish the fact that in a developed world the working force is its inhabitants, so those who are unware of their rights are utterly disable for making a developed world. State systems and initiatives has to work in order to aware people about the significance of knowing ones rights even if he is convicted of some unlawful thing.

Most of the time, innocent people and especially the poor ones are unable to release themselves from the painful detention only because they do not know their rights, legally each prisoner must know his rights.

Bail is a bond, property or cash, which an arrested person gives to a court to make sure that he or she will appear in court when ordered to do so. If the defendant does not show up, the court may keep the bail and issue a warrant for their arrest.  For more details we asked Bob Block Bail Bonds in Birmingham, Al, https://www.bobblockbailbonds.com/areas-served/bondsman-birmingahm-al/ for detailed information on how this works.

How Most Judges Set Bail

Judges are the ones responsible for setting bail. Because lots of defendants desire to get out and leave the jail as soon as possible and do not want to wait for a day or more to see a judge, most jails have standard bail rules that give specific bail amounts for the common types of crimes. An arrested individual can get out of jail by paying the amount that was set by the judge in the stationhouse bail schedule.

If a defendant wishes to post bail yet he or she can’t pay the full amount posted by the given bail arrangement, he or she can request a judge to lessen the amount of bail. Depending on each state’s procedures, a request to lower the amount of bail can be granted either in a bail hearing or when the defendant appears in court for the first time which is mostly called ”arraignment”.

Bail can be any of the following forms:

•  cash or check for the full amount of the required bail

•  property worth the full amount of the required bail

•  a bond—that will provide surety payment of the bail amount, or

•  a dispensation of payment in an agreement that the suspect will appear in court at the ordered time by the judge (usually called release on one’s “own recognizance”)

Factors That Hinder Your Right to Bail

Excessive bail. The Eighth Amendment to the U.S. Constitution requires that bail should not be excessive. This only means that bail should not be used primarily to raise money or profit for the government; it’s also not to be used to punish someone for being suspected of committing a crime. Remember: The primary intention of bail is to permit the defendant to be free until he or she is sentenced to crime and at the same time be secured of his or her return to court.

But let’s not stick to theories. In fact, most judges opt to set a huge amount of bail in certain types of cases, knowing that the high bail will surely keep the suspect inside the jail until their case is over. 

Conditions of bail. If suspects want to post bail, they commonly must comply with “conditions of release.”  If he or she violates the conditions, the judge on duty may revoke bail and order them to be re-arrested and put back into jail. Some conditions, such as a defendant is required to “obey all laws,” are very common. Other conditions may be considered by the crime for which a suspect was arrested. For instance, a condition may require domestic violence suspect not to contact or be anywhere near the alleged victim.

If you need help to get out of jail or trying to get someone out of jail, don’t hesitate to seek assistance from a reliable criminal defense lawyer. They are better acquainted with the local system and are equipped to help those who want and need to post bail.


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