Being Released from Jail
As in many states like Washington, there are certain guidelines and procedures to being released from jail in the event that you are booked. While most have a general understanding of what bail is, most people have little or no familiarity with the process of “bailing out.” At Callahan Law, most of our clients are released on their personal recognizance without having to post bail. Our lawyers have successfully defended clients at the first court appearance where some prosecutors ask the judge to impose bail and have the driver taken into custody. If the client has multiple prior offenses, or if there was an accident involved, or a very high breath or blood test result, it is important that you have an experienced and respected DUI defense lawyer at your side for that first hearing.
Learning about Bail
Bail is a process where an arrested criminal pays a set amount of money to be released from jail, usually after booking. In accordance with the release, the arrested person is agreeing to appear in court for all scheduled criminal proceedings -- including arraignment, preliminary hearing, pre-trial motions and their trial. If a person fails to appear in court as scheduled, he or she will be subject to immediate arrest. Any bail amount paid will then be forfeited.
How Bail is Set
The amount of bail may be pre-determined through a "bail schedule" or the judge may set a financial figure based on:
• Seriousness of the crime, by means of injury to others
• A suspect’s criminal record
• The danger that the suspect’s release might pose to the community
• A suspect’s relationship with family, community or employment
• The likeliness that the person on bail may “skip” or not appear as required
What Happens if You Can’t Pay the Bail in Cash?
A bond is a written guarantee that the full bail amount will be paid in the event that the you fail to appear for any court hearing. A bond is usually obtained through a bail bond agency that typically charges a fee in exchange for posting of the bond (usually about ten percent of the bail amount). Bail bond agencies may also demand additional collateral before posting a bond, as the agency will be responsible for paying the full bail if the suspect "jumps bail" and fails to appear as promised.