The Criminal Trial

Is bail a get out of jail free card? Not always, according to your defense attorney in Frederick, MD bail makes it possible for some defendants to get out of jail for a period of time, but it is not free. There are rules to setting bail.

Setting Bail

Bail is set by a judge. In many cases it may take several days after an arrest to go before the judge. In order to help the legal system move swiftly there are set bail schedules for crimes that are fairly common. If you are arrested for crime you can often get out of jail by posting bail – the amount on the bail schedule.

Bail must be reasonable. The United States constitution, in the 8th Amendment, guarantees everyone the right to fair bail. Bail schedules cannot be raised to punish a person or to get more money for the city or state.

However, many judges act in what might appear to counteract the law. They set bail for defendants at enormous rates that will impossible for a defendant to raise. This normally occurs in high profile crime cases. This includes violent crimes and drug cases.

When bail is set high to prevent the defendant from leaving jail it is called preventative bail. It is not considered to violate the Constitution at this time. There are always ongoing court cases fighting preventative detention bail.

If the defendant cannot afford the bail, the attorney in Frederick, MD says he or she can ask to have it lowered.

Paying Your Bail

Paying bail requires you to submit to a process called a bail bond. The bail bond is the defendant’s agreement to appear at all court dates and follow other rules such as remaining in the local area. The full bond amount is normally waived and the defendant pays ten percent of the bond.

Bail bonds must be secured with payment before the defendant is released from jail. Bonds can be paid by cash or check at most bail bond agencies. Property for the amount of the bail is often accepted.

In less serious cases the court may give the defendant a waiver. He or she will be waived payment on the bond if they follow the set rules.

You Can Get Out Free

Depending on the crime and the defendant’s criminal history, he or she may be released on their own recognizance. This requires the defendant to sign a promise to appear for all court dates. Most defendants request to be released on their own recognizance when they appear before the judge. In making his decision the judge will look at the defendant’s ties to the community, family, and living arrangements in addition to past criminal history. Defendants released on their own recognizance normally hold down a job and have lived in the community for a number of years.

A defense attorney in Frederick, MD is your guide through the legal process. If you experience trouble in the bail bond process please contact your lawyer for assistance.

The Law Office of Marc S. Ward provides Legal Services to Frederick, MD. Call 301-662-2911 for Free Consultations Available. for more details on Attorney Frederick, MD and Defense Attorney Fredrick, MD please visit our website www.wardlawoffices.com