Criminal Defense Lawyers

The Importance of Making Bail to Avoid Jail Time

The Importance of Making Bail to Avoid Jail Time

Being arrested and taken to jail can be an incredibly stressful and scary experience. Even if you believe you are innocent or the charges are minor, spending any amount of time incarcerated takes a major toll. Making bail so that you can be released while your case proceeds is often the best way to avoid extended jail time.

Understanding Bail and How it Works

Bail is an amount of money set by the court that allows a defendant to be released from jail while their case makes its way through the legal system ((https://www.reddit.com/r/legaladvice/comments/aky3f3/how_does_bail_actually_work/)). Judges have discretion in setting bail amounts based on the charges, the defendant’s criminal history and flight risk, and other factors. Defendants can pay the bail amount themselves or use a bail bonds company, which will post a bond for a percentage fee.Making bail has huge advantages for defendants:

• Avoid being incarcerated for weeks, months or longer while fighting your case
• Continue working and providing for your family
• Participate more in building your legal defense
• Reduce pleas or convictions just to “get it over with”
• Prevent loss of possessions/property while jailed
• Avoid traumatic jail experiences and abuses

As criminal defense attorney Mark Barnett explains, “Making bail allows you to fight your case from a position of strength rather than the desperation of a jail cell.”

Bail Factors Judges Consider

Judges have a lot of discretion in setting bail amounts. According to FindLaw, common factors include:

• Safety of the community – Will the defendant commit more crimes if released?
• Seriousness of charges – More serious felonies often have higher bail.
• Defendant’s criminal history – Repeat offenders tend to have higher bail.
• Likelihood to return for court – High flight risks may be denied bail.
• Employment and community ties – These make defendants less likely to flee.

Judges also consider resources available to the accused and typically set higher bail for those with means to pay it.

Using a Bail Bonds Company

Many defendants unable to pay the full bail amount themselves use a bail bonds company, which will post a surety bond to the court for a percentage fee (usually 10-15%) ((https://www.reddit.com/r/legaladvice/comments/n4m2q8/how_do_bail_bonds_actually_work/)). The company may also require collateral and will charge interest until the full amount is repaid.Bail bonds can be extremely useful but also come at a high cost. Attorney Neil Shouse warns, “Bail bond companies hold a lot of power over their clients…they may engage in aggressive collection tactics.” Be sure to read the fine print carefully.

Getting Bail Reduced

If bail seems unattainably high, your lawyer can file a bail reduction motion, arguing for a lower amount. Factors judges consider here include ((https://www.avvo.com/legal-guides/ugc/how-to-get-your-bail-reduced)):

• Mistakes in setting the initial bail
• Your limited financial resources
• Strong defense case being built
• Minimal flight risk based on your history

While certainly not guaranteed, bail reductions are often granted, especially for non-violent crimes.

Consequences of Not Making Bail

Spending extended time in jail waiting for your case resolution brings severe consequences:

• Job loss – Incarceration causes many to lose stable employment.
• Financial hardship – Inability to pay bills/debts, harming family resources.
• Strained relationships – Being jailed puts extreme stress on marriages and family life.
• Worse legal outcomes – Harder to meet with your attorney or build a defense while behind bars.
• Trauma and abuse – Jails can be violent places with minimal oversight on abuses of power.

As criminal lawyer Mark Barnett summarizes, “Not making bail often means pleading guilty just to get out of jail regardless of actual guilt or innocence.”

Qualifying for Release Without Bail

In some cases, defendants can secure release without needing to post bail at all. Common ways include:

• Recogizance (ROR) release – Allowed to go free based on a promise to return for court dates.
• Supervised release – Released under probation-like restrictions and supervision.
• Emergency release – Temporarily freed to deal with a crisis like illness/death in family.

However, these are only granted to very low-risk individuals with strong community ties. For most, bail will be required to avoid jail time.

Using a Trusted Attorney to Advise and Represent

Navigating the bail and release process can be extremely complicated, especially when first arrested. Having an experienced criminal defense lawyer guide you through the options and represent your interests is invaluable. As top-rated defense attorney Barry Cohen confirms, “Having legal counsel at a bail hearing can mean the difference between being released and sitting in jail for months or longer.”A knowledgeable lawyer understands the bail factors judges consider, the reality of jail conditions, and how to increase your chances of pre-trial release. They can also negotiate with prosecutors behind the scenes if needed.Do not leave this critical decision of whether to make bail solely up to a judge who does not know you. An adept defense lawyer can advise if paying bail is advisable and work to ensure the amount is reasonable.

Conclusion – Making Bail Should be a Top Priority

Being jailed for months or longer while fighting a criminal case can be financially and emotionally devastating. Unless clearly guilty of serious crimes, most defendants have strong incentives to make bail so they can continue working and living freely in the community.Bail laws and processes can be complex, but finding an affordable bail bonds company or working to get bail reduced are smart moves. Having an experienced criminal lawyer guide you through the options and represent your interests is highly recommended as well. Paying bail is often the best chance to avoid extended jail time and its many consequences.

Resources

• How Bail and Bail Bonds Actually Work (YouTube video)
• Tips for Getting Your Bail Reduced
• Avoiding the Trauma of Jail Time (article in The New Yorker)
• Find a Criminal Defense Attorney (Avvo national directory)