Author: Bail Hotline Staff

Disturbing the Public Peace | CA PC 403

California has seen its share of riots and assemblies, so it’s important for this state to have strong laws related to maintaining the public peace. While there are laws in relation to rioting and other mass disturbance issues, a person can be charged with disturbing the public peace for much less severe behaviors. The penalties in these cases can sometimes be intense, and this is especially true if additional charges are also brought. This is why it’s important to fully understand public disturbance statutes.

What is disturbing the Public Peace?

Disturbing the public peace is, defined under California state law, a misdemeanor. There are several ways in which a person may violate this crime. Anyone who engages in an unlawful fight in public, for instance, is guilty of disturbing the peace. In addition, even challenging a person to fight in public can lead to this charge.

In addition, anyone who willfully and maliciously disturbs another person with unreasonable and loud noise can be charged with disturbing the peace. Finally, even using offensive words while out in public can end in this serious charge. The prosecutor only has to show that these words could’ve likely caused an “immediate violent reaction.”

Bail Amounts for Disturbing the Public Peace

The penalties for violating public peace laws are set by the State and thus apply all over California, however the bail amounts can vary greatly depending on the location in which you are charged. For example, in San Diego County, the bail schedule lists disturbing the public peace as a bailable offense at $250. In San Luis Obispo County, on the other hand, bail amounts can range from $164 for infractions to $2,000 for misdemeanor public disturbance charges. Ventura County doesn’t even list the offense on their bail schedule, but the crime is bailable as a misdemeanor at $2,500.

A Bail Hotline agent can easily research this information for you and also post a bond for just a small fraction of the price you would have to cover on your own. The maximum agency fee allowed by California law is a mere 10% of the face bail amount.

Possible Penalties for a Conviction

Penalties related to disturbing the public peace can be severe, and this is especially true in certain circumstances. Simply for violating the law, without any additional charges, a person can face a $400 fine and up to three months in jail. Unfortunately, since fighting in public can obviously also lead to battery charges, these penalties can easily increase.

Additionally, depending on where the disturbance occurred, such as in a school or state university, the consequences of a conviction can increase if prior convictions have occurred. A person convicted of a second disturbance on these school properties, for instance, could face up to six months in jail.

Disturbing the public peace is a crime that is taken very seriously in the state of California. Even in the absence of any harm to person or property, an individual convicted of this crime can still face jail time and serious fines. Because of these potential penalties, it’s important for a person to secure their release as soon as possible, and then find an attorney who is willing to help. These two decisions may have long lasting impact on a person’s life. 

Battery | California PC 243

Violent crimes are punishable by severe penalties in the state of California. Unfortunately for many, even a simple charge of battery can lead to harsh consequences. Anyone charged with battery should recognize what they’re up against. Because of the relative harshness of the consequences related to the crime, an individual should try their best to fight a conviction. To do this, however, they must first understand the charge.

What is Battery?

California statutes related to battery are, considering the relative simplicity of the actual definition of the charge, highly complex. Battery is simply the unlawful and willful use of violence or any force against another person. Assault charges differ from battery in the fact that an assault is simply the attempt at performing a battery. Swinging at a person, for instance, is assault; swinging at a person and hitting them is battery.

Bail Amounts for Battery

Since the State of California doesn’t set bail amounts, the amount of money a person will have to pay to secure bail will vary greatly depending on where they’re arrested. Many people quickly learn how serious the charges against them are when they learn how high California counties set their bail amount for battery. It’s always advisable to contact a bail bond agency in these instances since they are the best source of pertinent information, and most rapid path to early release. With California bail fees set at a maximum of 10 percent of the face amount, it’s often a person’s only course of action to getting out of jail.

The crime of battery will result in a bail amount of $20,000 in San Luis Obispo County. In San Diego County, this amount is only $8,000. Depending on the circumstances of the battery, however, these amounts can go up substantially. If the victim was a peace officer, for instance, bail goes up to $25,000 in San Luis Obispo. Some counties do have somewhat lesser bail amounts, but as opposed to other types of charges they’re still high. Ventura County, for example, sets their bail amount at $10,000 for battery.

Penalties for a Battery Conviction

Much like the aforementioned bail amounts, penalties related to battery will greatly vary depending on the specific circumstances of a case. A battery conviction with no aggravating circumstances (such as being committed against a policeman) will result in fines of up to $2,000 and a jail term of up to six months. This is a misdemeanor charge, but a person who causes a serious bodily injury can face a felony charge that will result in up to four years in prison and a “strike.”

Additional penalties can also be levied against a person convicted of attacking a firefighter, animal control agent and numerous other public employees. In these cases, fines of up to $10,000 and four years in prison are not unheard of.

Battery charges are considered very serious in California, and because of this, those convicted of the crime can face harsh consequences. The most important thing to do after being arrested on these charges is to secure bail. Whether this entails paying out of pocket or using a bail bond agency, it should simply be done. This will allow an individual to quickly begin working on their defense, and this time can be invaluable when faced with a battery charge.

Child Abduction | California PC 278

There are a host of laws meant to protect children in California, but maybe some of the most important are child abduction laws. These laws are meant to protect parents and children of the State, and they can apply to anyone who takes a child while they’re not the custodial parent. Those charged with this crime face some very serious consequences. For this reason, it’s vital for anyone facing these charges to understand what they are up against.

What is Child Abduction?

Child abduction law, also known as child stealing, can be a very complex issue. At heart, however, it is the malicious taking or concealing of a child by a person who has no custodial rights over that child. The only people who have custodial rights are parents who have not had their rights revoked or restricted by the courts, and those who have received custodial orders.

Child stealing is different than kidnapping in the fact that the child doesn’t actually need to be transported anywhere for the offense to have been committed. Also important to note is the fact that the statute of limitations on this crime doesn’t actually start until one of the following takes place:

a)    the child is returned

b)    the parent consents to allowing the abductor to take the child

c)     the parent legally loses their rights to the child

d)    or the child turns 18; the statute of limitations is three years in this case.

Is Child Abduction a Bailable Offense?

There are very few crimes that will result in a person being remanded to custody rather than given bail. Luckily for those charged with this crime, child abduction is not one of them. It’s important to note, however, that bail can vary greatly depending on where in California a person is charged. Every county has its own bail schedule, and a call to your nearest Bail Hotline office will narrow down this information for you promptly.

In Los Angeles County, for example, the bail amount listed in the bail schedule is $25,000. In Santa Barbara, it is $40,000. If a person uses the Internet to abduct a child in Santa Barbara, this amount jumps to $100,000. In Ventura County, child abduction brings a set bail amount of $50,000.

It’s obvious that these amounts are more than most people can handle, but in California the bail bond agencies are only allowed to charge fees of 10 percent of a person’s bail to secure their release. That means in Los Angeles County, for instance, a person could garner their release for a fee of only $2,500 (10 percent of the $25,000 bail amount). It’s imperative for a person to quickly get out of jail so they can find a good lawyer, as they will definitely need one in this case.

Penalties for Child Abduction

As with many crimes in California, child abduction is known as a “wobbler.” This means that, at the prosecutor’s discretion, the crime can be charged as a misdemeanor or a felony. The court will consider any mitigating (to make less severe) and aggravating (to make worse) factors when making this call.

If a person is charged with child abduction as a misdemeanor, they face up to one year in jail and a fine of up to $1,000. If, on the other hand, an individual is charged with a felony, the person could face up to four years in prison along with a $10,000 fine.
Some people may think that the aforementioned penalties are minor when considering the crime, but it’s important to recognize that these consequences are for child abduction alone. If any other crime occurs, such as the child being harmed due to reckless behavior or molestation, further charges and penalties may very well be forthcoming. 

Civil Rights Violations | California PC 422.6

There was a time in the United States where various individuals had no civil rights whatsoever. For the most part, those days have come and gone; but that doesn’t mean that some people’s rights aren’t still routinely trampled upon. Luckily, there are now laws in place to protect individuals of certain backgrounds from unfair discrimination. Someone who violates another person’s civil rights, or worse, commits a hate crime, can face serious consequences in the state of California.


What are Civil Rights Violations?

Civil rights violations, as defined by California, are violations against people that are committed based solely on their actual or perceived race, ethnicity, sexual orientation, religion, nationality, gender or a disability. “Perceived” means that if a crime is committed against a person because it’s believed that they’re gay, black or another “protected status,” even if they aren’t, the person who committed it can still be charged with a crime.

Civil rights violations can actually stand as crimes in themselves. This means that no other statute must be violated other than restricting a person’s civil rights. For example, an employer who gives time off to white employees to go vote, but doesn’t do so for his African American employees, may have committed a civil rights crime.

It must be noted, though, that civil rights violation charges can be much more serious. If a person commits a misdemeanor or felony, other than the aforementioned restriction of civil rights, based on one of the previously mentioned protected statuses, they can be charged with a hate crime. This will constitute a misdemeanor unless the crime committed caused an injury, resulted in property damage of more than $950 or if the person accused was previously convicted of a hate crime.

Bail Associated with Civil Rights Violations

The bail fees that a person faces related to a civil rights violation will vary, based on whether or not the crime constituted a hate crime and where it occurred within the state. Interfering with someone’s civil rights, without violence for instance, constitutes a $10,000 bail amount in Los Angeles County. In the same county, however, a civil rights violation that is considered a hate crime will add an additional $25,000 to whatever bail amount was set for the underlying crime.

The $25,000 bail amount in Los Angeles is almost representative of California as a whole. For instance, Santa Barbara and Sonoma Counties have the same $25,000 bail amount. Luckily, a person doesn’t have to pay this whole amount to get out. A Bail Hotline agent can quickly ascertain the probable dollar figure from the jail’s bail schedule, and assist with your release for a small percentage of the set amount.
Penalties Associated with Civil Rights Violations

The standalone civil rights violation, with no other crime committed can result in one year in jail, fines reaching $5,000 plus 400 hours of community service. When a hate crime becomes a felony, due to one of the aforementioned instances (such as physical harm), the punishment can jump up to three years in prison and fines of $10,000.

If the underlying crime is already a felony, however, and also constitutes a hate crime, an additional sentence of up to three years can be tacked on to whatever punishment is handed down for the underlying crime.

Civil rights violations and hate crimes are taken very seriously in California. Anyone charged with these crimes will want to be released soon as possible and find a very good attorney. In most instances, due to the high bail fees, this makes it necessary to use a bail bond agency to quickly get out of jail. At that point, a person can begin working on their defense.

 

Writing to an Inmate

America has the largest prison population per capita in the entire world. Because of this, it’s no surprise that most people know someone who either is or at one time has been incarcerated in a jail or prison. Jail is used to punish misdemeanors, and incarceration in a county jail doesn’t exceed one year, however someone sent to prison is usually in for the long haul. 

Many friends and family members want to stay in contact with their incarcerated loved ones, but some may have difficulty bringing themselves to do so, or learning the mechanism and the manner in which they should reach out.

Why Write an Inmate?

Some people wonder why they should even try to stay in contact with someone who is imprisoned for a long period of time. The most important reason is the fact that it allows a close relationship to be maintained over a long period of time. Once a person is imprisoned, their human interaction may well be confined to authoritative officers and other inmates. This doesn’t always create the most enjoyable experiences, so having letters from loved ones is imperative.

For those who may be upset at their loved ones, it’s important to remember that such frustrations may well fade away over time. We’re always disappointed when the people we love make mistakes that land them in legal trouble, but that doesn’t mean that we don’t love them. Maintaining a written relationship will help a prisoner’s state of mind, and in reality, it goes a long way in healing the person left behind on the outside.

How to Write an Inmate

Different states have varied rules about letter writing to an inmate, but the process is pretty similar in most states. For a letter to be properly received it is usually necessary to have the prison’s name and address, the inmate’s name and that inmate’s Department of Correction’s number. For those who don’t already know this information, it is easily obtainable. In California, for instance, it’s as easy as calling the inmate locator at a specific institution, or contacting the Public Information Officer.

The aforementioned steps are used to locate inmate information in most states, but it is also important to have the right information when you call. It will make the process much easier to have as much information as possible – such as the inmate’s name, birth date and housing assignment – before contacting the official who will provide these details.

Sending Correspondence

When writing to an inmate, it’s important to remember that all correspondence given to prisoners goes through law enforcement’s hands first. Every letter, package or postcard that is sent to an inmate will be opened and inspected. It should also go without saying, but any type of contraband should never be sent.

Additionally, it’s important to note that any money orders sent to an inmate may not arrive “whole;” meaning the inmate may not receive all of the funds. After 2007 in California, for instance, 55 percent of all funds that an inmate receives began going toward the California Victims’ Restitution Fund.

It’s important to remember that those who are incarcerated for a crime are still human beings, though they have made some grievous errors in their life. It would be easy to just write someone off as a lost cause, but in reality, we psychologically need our loved ones just as much as they need us. Luckily, it’s not difficult to stay in contact with someone who is incarcerated. With very minimal research, we can stay in touch with those that we at one point chose to make important in our lives. 

What is an Arrest Warrant?

Those who have had an arrest warrant issued in their name probably know the outcome, but it’s possible that they don’t fully understand the mechanism of the warrant. Knowing the way warrants work, however, is an important piece of information that a defendant or their family members need to know. At heart, an arrest warrant is simply a document authorizing law enforcement to arrest an individual and bring them to court, but in reality, it is much more.

What’s Involved in the Issuance of an Arrest Warrant

An arrest warrant is easily obtainable by a prosecuting attorney, but this doesn’t mean that certain rules aren’t involved. For instance, the prosecutor must file a complaint with a superior court magistrate in the county where the alleged offense is to be tried. At this point, the magistrate must review the complaint and decide whether or not enough evidence exists to prosecute.

If the magistrate deems it appropriate, they will issue an arrest warrant for the person against whom the complaint was filed. At this point, law enforcement officials have the right to seek out the person in question and affect an arrest. This, in effect, begins the process of a criminal trial.

Can an Arrest Warrant be Avoided?

Complaints can be filed without the knowledge of an alleged offender, so there’s not much that they can do to keep an arrest warrant from being initiated. The prosecutor, however, may request that the magistrate issue a summons in place of an arrest warrant. This summons is simply a demand that a person appear in court at a certain time and place.

Ignoring a summons can lead to the issuance of a bench warrant. It’s important to note, however, that prosecutors may not actually have any discretion in the issuance of a summons or arrest warrant. In California, for instance, a summons can’t be substituted for an arrest warrant if the alleged crime involved a firearm, violence, resisting arrest or any of several other potential circumstances.

What You Should do once a Warrant is Issued?

There are a few actions a person should take if an arrest warrant has been issued in their name. First, it’s imperative to speak with an attorney. Next, it’s a good idea to contact an expert bail agent at Bail Hotline. In certain cases a bond agency may be able to sign off on an individual’s bond immediately so that they can avoid going to jail at all.

Even those detained in other counties, who were only detained due to the arrest warrant, can request to stand before a magistrate in that county to provide the bail that would be owed in the county where the warrant was issued. At this point, the accused would simply be given a court date.

While it’s true that an individual can ignore an arrest warrant if they want, that simple fact isn’t going to make it go away. A person who tries their best to avoid arrest, while knowing there’s a warrant out in their name, will have to constantly look over their shoulder. And in reality, an arrest warrant is a lot like Vegas; the house is always going to win. Anyone facing an arrest warrant would do well to make bail quickly and find an experienced attorney. 

How Much is DUI Bail?

Most people enjoy having a drink every so often, but whatever great feeling this leads to can dissipate quickly for a person arrested for driving under the influence (DUI). Sadly, thousands of these arrests occur every single day, and most people aren’t even aware that they are over the .08 blood alcohol content (BAC) when they’re pulled over. If you should find yourself in this situation, however, it’s important for you to know the options available.

Penalties of Driving Under the Influence

The penalties of a DUI conviction can be extremely punitive. The consequences that a person faces, however, will differ depending on which state that they’re arrested in. Bail amounts can change by the city or county in which you are pulled over, but DUI penalties are uniform across an entire state. In California, for instance, a person arrested for their first DUI can face up to six months in jail and a $2,600 fine.

It’s important to keep in mind that these penalties will increase if a person has already been convicted of a DUI. The same California arrest will result in up to a year in jail for someone who has already received one prior DUI conviction. Fighting these penalties is essential, but a person first must get out of jail. Having an expert bail agent available from a reputable company like Bail Hotline can help to lessen your incarceration time, and get you back to your job and family so you can work on your defense.

Bail Amounts for Driving Under the Influence

Just like the corresponding penalties, the bail amounts can vary depending on the county in which you are arrested. When it comes to drinking and driving, however, many counties within a state will set their presumptive bail amounts (listed on each jail’s bail schedule) at a very similar amount. Within California, for instance, the counties of San Francisco, Sonoma and Los Angeles all set their DUI bail amount at $5,000.

There are times, however, when these amounts can increase for different localities, and even show huge variances. If a person is arrested for DUI and already has one drinking and driving conviction within ten years in Los Angeles County, for instance, they can face a bail amount of $15,000. The same person arrested in Sonoma on this charge, however, will face a $25,000 amount. Understandably, it can be hard to pay any of these amounts, which is why most defendants opt to contact an agency like Bail Hotline.

Paying Your Bail

A person arrested for DUI has a few choices to make on how their bail is paid. They can either pay the full amount, or submit property worth that amount, which is turned over to the court until the end of the trial; or they can find a bail bond agency to provide a security bond for their release. Using a bail bond agency is usually a better option for because they only charge a small percentage of the full bail amount – in California this number cannot exceed 10 percent.

Those who cover the bail amount on their own will have a large sum of money tied up throughout the trial. As mentioned, this money, or property, isn’t returned until the conclusion of the trial. Add this to the fact that if the court has control of these funds, they might be more likely to add miscellaneous expenses and fees which will be withheld from the total amount deposited.

Luckily, there aren’t many instances where a person will be denied bail for drinking and driving, and if they are, then another, much more serious crime, must have taken place. Knowing the issues related to bail is imperative, and this is especially true for those charged with a DUI. There are numerous possible defenses to this charge, even for those who failed a breathalyzer, so it’s imperative to get out of jail as quickly as possible to start building a strong case. 

Information About an Inmate

Far too many people have felt the dread that comes along with knowing that their friend or relative has been arrested. It oftentimes seems as if we’re powerless to help them since they’re sitting in a jail cell under the county’s jurisdiction. Fortunately, there are ways that we can be of assistance to our friends or loved ones if they are sitting in jail; it just requires a bit of research.

Information About an Inmate Available

First of all, it’s important to get as much information as possible about someone who has been arrested. Luckily, much of the information that ends up being vital is available as public record. Once a person is booked into jail, their name and the crime that they’re charged with, along with the date that they were booked usually becomes available. In fact, in California, it’s even easy to find out a presumed bail amount.

All of these things are important if you want to help a person get out of jail more quickly. Whether the defendant has been arrested in southern, northern or central California, our website provides you with a direct connection to the county jail inmate search – or you can fill out an information form (to the right of this article) and, once submitted, Bail Hotline will contact you!

Are They Really in Jail?

There are some times when a person may not know whether their loved one is actually in jail or not – maybe they didn’t show up to a party, maybe they haven’t been answering their phone. Regardless of the reason which sparked your curiosity, you can find out if your friend or relative has been detained by calling the county jail. If, by some chance, your friend or family member is in custody, a jail employee should be able to provide the aforementioned pieces of vital information.

Visitation Concerns

Some of the other questions you may have will usually be answered differently, depending on the specific jail location. Here are just a few you might want to know:

  1. What are the visitation hours?
  2. How can I get a Property Release to pick up items from an inmate?
  3. Can I supply money for them to use at a commissary?
  4. What restrictions, if any, are placed on the visiting party?
  5. Are children allowed to accompany me on my visit?
  6. What kinds of identification are necessary if I am visiting someone in jail?

Inmate Questions

Unfortunately, some inmates will have to do a little legwork on their own. Luckily, the justice system requires that a person be allowed to make a phone call after being arrested. The rules related to these laws, however, can vary by state. In California, for instance, an arrested individual must be allowed to make at least three phone calls within three hours of their initial arrest – and can many times be made as soon as a person has been booked into jail if they are polite and cooperative.

California law states that the allowed phone calls may be to an attorney (or public defender), a bail bond agency or a relative or other person; this basically means that a defendant can call whomever they want. Many people make their first call to a bail bond agency since that will quickly get the ball rolling for them getting bailed out.

It’s disheartening to have a loved one sitting in county jail, but luckily, in most cases, it’s not necessary for them to stay there very long. America’s criminal justice system is set up in such a way that most accused individuals are able to secure release if they go through the proper channels. Whether these steps are completed by the defendant themselves or a loved one on the outside, it’s simply important that they be performed. 

What are Bail Conditions?

Most people know that sinking feeling that visits their stomach when they see flashing blue lights in their rear-view mirror. Fortunately, in America, the majority of people arrested for a crime will be eligible for bail, but there are usually conditions that must be abided by for them to be released. Due to the seriousness of these conditions, it’s imperative for everyone to understand them.

What are Bail Conditions?

Bail conditions are exactly what their name implies: conditions of bail. The courts will usually grant bail, and many states – such as California – actually have bail bond schedules that allow a person to post a predetermined bail amount without even having to see a judge. As your local agent at Bail Hotline will tell you, whenever someone receives bail there are always conditions. One of these conditions is that you cannot be charged with more crimes, but in some cases further conditions may apply.

Anyone who watches crime dramas on television has likely seen a judge order a rich offender to surrender their passport as a condition of bail. This is an actual condition that can be imposed, and it’s meant to prevent the accused from fleeing the country. Another condition could be to stay away from a specific person or area.

Still another condition could be to refrain from drinking alcohol. Many of these conditions wouldn’t normally be constitutional to demand, but since bail is seen as a privilege, these conditions can be looked at merely as requests upon which a person’s bail is contingent.
Common Charges that Result in Bail Conditions

There are a variety of charges that can result in bail conditions that are more serious than the usual “don’t break the law again” condition. In cases of stalking or abuse, for instance, a defendant may be required to cease any contact with the alleged victim. In capital cases, a judge will likely require that a person not leave the local area or have contact with anyone involved in the case.

Other crimes, which some may look at as minor compared to the aforementioned, may cause a judge to impose a condition such as drinking alcohol when charged with a DUI. There are also many crimes, such as drug or juvenile offenses, that could require the accused to stay at a particular residence while awaiting trial. It’s important to note, however, that not all of these charges will automatically result in the stated conditions.

Seriousness of Bail Condition Violations

Violation of a condition of bail is a very serious matter, and it can easily result in harsh consequences. Most people who violate these conditions are rearrested and have to wait to see a judge before they can receive bail again – and the judge will not look kindly on the fact that they violated their original conditions.

Another serious repercussion is the fact that new charges may be filed related to the violation, and this can result in an even higher bail amount than the original. Violation of a bail condition, in many cases, will result in the forfeiture of the originally posted bail amount.

Bail conditions are not to be taken lightly. Though the criminal justice system is set up in a way that allows most accused people to wait for their trial outside of jail, the courts will have no problem rescinding this privilege if conditions are violated. Anyone out on bail should fully understand their conditions, or ask their bail bond agent to explain them. This will ensure the best possible outcome for all parties involved.

What Does Bail Bond Mean?

The United States criminal justice system is set up in such a way that those who are accused of a crime are afforded certain rights. This is necessary since the assumption of innocence is an inherent belief within the system. Bail is one of these rights, but it’s important to recognize that the right to bail isn’t necessarily granted to every individual. Understanding bail is essential to understanding the system as a whole.

What is Bail?

Bail is the deposit of either money or property, in order for a court to allow a person suspected of a crime to be released from jail. This deposit is given as collateral and as a guarantee that the person accused of the crime will show up to all of their court dates. If the suspect absconds or doesn’t attend all court dates, the deposit is usually forfeited. Most generally, a bail bond is secured through a bail agency such as family-owned and operated Bail Hotline, a California company.

The amount paid for a defendant’s bail is returned to the person who posted the money – after the conclusion of the trial. This is usually true regardless of the outcome of the trial. Bail can be paid in full to the court, or a bail bonds agency can sign off on the person’s release for a fee. These fees can vary, but in California it amounts to 10 percent of the total bail amount, and must be paid to the bondsman to secure a release.

The History of Bail in the United States

Before America gained its independence, its colonies used Britain’s long existing bail system. That system had laws, such as the Statute of Westminster, regulating bail that went back as far as the year 1275. Once America was freed from the British monarchy, states began passing their own laws relating to bail.

The Eighth Amendment of the U.S. Constitution, which outlaws excessive bail, was modeled after Virginia’s state constitution. The Sixth Amendment of the U.S. Constitution also requires that suspects be made aware of the crime that they’re charged with. This allows them to request bail if they’re arrested for a bailable offense. Further laws, such as the Bail Reform Act of 1966, allowed accused persons to be released on personal bonds or on their own recognizance.

Does Everyone get Bail?

Though the Eighth Amendment protects against excessive bail, there is no law that gives the absolute right to receive bail. Bail is meant to be an incentive for a person to return to court. If a judge believes that no amount of money can guarantee a suspect’s return, he or she has the right to remand the defendant to custody until the trial.

Reasons that a judge may believe a suspect’s return is unlikely could be based on the degree of severity of the crime, or the finality of its possible punishments. Additionally, if a judge believes that a suspect is a danger to themselves or others – if they were to be put back amongst the public citizenry – he or she will likely deny bail. Bail is all about risk, and if the risk seems too great a suspect may have to wait out their trial behind bars.

Bail is a way to ensure that people aren’t detained unnecessarily in jail while awaiting trial. Bail laws will vary by state, so anyone facing a trial should do a little research into their state’s specific laws. The majority of Americans are allowed to post bail, and if they can’t afford it, there are bail bond agencies that can assist. Between the bail system and bail bondsmen, there is no reason for any American not being held on severe charges to be confined to jail while awaiting trial.