When you are accused of a crime, you will often be held in jail before your trial begins. Bail can be set for most crimes though, meaning that there are ways to get out of jail and return to court once the case against you actually begins. A Des Moines drug crime lawyer can tell you more about how this works and why you should have an experienced defense attorney by your side when you return to the courtroom.
Who Can Set the Bail Amount?
The bail amount is often set by the sheriff. A judge can then evaluate that amount and raise it, lower it, or keep it the same. They issue this guidance at your first court appearance after your arrest.
What Can Influence the Bail Amount?
The judge and sheriff do not just randomly assign a bail amount to you. There are many considerations to be made before deciding on a final amount, including:
- The severity of the crime
- Your criminal record
- Whether you may be a danger to the community
- If you could be a flight risk
- What kinds of ties you have to the community, like if you’re employed or have family in the area
It’s important to note that for certain felonies, bail is unlikely to be set. Defendants are often considered dangerous and stay in jail in cases like this.
How Can I Post Bail If I Don’t Have Enough Money?
If you have enough money to pay the entire bail amount that is an option, but you may not need to have the full amount. You can use a bonding company or bondsman. You pay them 10% of the total amount and a fee, then they put up the rest of the required amount.
As long as you follow the rules, the court will return what the bondsman paid. If you jump bail, the bondsman is going to come after you for the money they lost. They will keep the 10% you paid and any fees no matter what.
Can I Be Released Without Paying?
This is actually a possibility. This is because the judge can decide to release you on a recognizance bond instead of setting a cash bail amount that needs to be paid. Essentially, this means that the judge is trusting that you will follow the rules, stay out of trouble, and return to the courtroom when required. There may also be other conditions set as a part of this agreement, so it’s a good idea to make sure that you understand what is expected of you so that you do not get in any additional trouble.
Talk to a Defense Attorney
So if you are charged with a crime, don’t try to face the full power of the state and the prosecution on your own. Contact Herting Law, PLLC to schedule a consultation and talk to our experienced criminal defense attorneys. We’re ready to get to work for you.
