Author: Bail Hotline Staff

Going to jail is a stressful event for anyone. Even an arrest for a minor crime can lead to a night in the county lockup. If you are arrested you definitely want to take advantage of your phone call as soon as possible and contact a bail bondsmen. These bail agents are often able to secure a person’s release in only a few hours. This could get a person out of a holding cell before they are even put into general population.

The eighth amendment of the U.S. Constitution guarantees bail for almost anybody, so it is important to use this right as quickly as possible. If you aren’t able to secure bail immediately, and you end up in jail with other inmates, here are a few simple ways to ensure you survive the night without any serious consequences.

Don’t Resist Officers

Resisting police demands is one of the quickest ways to get hurt while spending a night in jail. Officer demands may seem trivial, and sometimes even unfair, but it is important to follow these commands to the letter. Showing any physical resistance or even disrespect can lead to an officer getting physical with you.

It may not be right, but getting officers removed from their posts for using excessive force is a difficult and time-consuming venture that often ends in the officer’s favor. It is best to do what they say when they say it. You will not be in jail for long, so it is a small price to pay to not be hurt.

Request a Single Cell

If a single cell is available you should request that cell. While most inmates mean you absolutely no harm, there will always be at least one bad apple in the bunch. The chances of you ending up in a cell with that bad apple are slim, but there is still the possibility. Don’t demand that officers give you an empty cell, because they don’t legally have to. Make the request in the friendliest way you possibly can.

Become an Island

Keeping to yourself is one of the best ways to ensure your safety while in jail. Don’t appear to be scared of other inmates, just look as if you aren’t interested in making conversation with anyone. If someone does ask you a question, however, make sure that you answer it. If you don’t answer then you may come off as rude, and that information will assuredly make its way around the jail unit. Answer any questions with a short and quick response while trying to sound friendly. It is also important to not accept favors. Another inmate may appear to be nice and inviting, but he may use any accepted favor as ammunition to get something he wants later.

Try not to Sleep

If you do end up in a shared cell then you should probably come to terms with the fact that you may not be getting any sleep that night. While most people in county jail are only there for minor offenses, there are still inmates who may try to hurt you when you’re vulnerable. Stay awake in your cell with your back against the wall. Even if there are violent offenders who want to test you, at least you will not be sleeping if they try.

Going through a night in jail is likely going to be a taxing event on anyone. County jail isn’t the same as prison, so there will be far fewer people around you that are willing to cause you harm. Even with this being the case, there are still bad people in every jail unit in the country. In California, even a minor probation violation will lead officers to put you back into county intake. Speaking with a bail bondsman before being put into the regular population is the best option for surviving jail, but even if you can’t get out quickly, these tips will help make sure that you do get out safely.

The crime of domestic violence has led to the second highest arrest rate in California. It beats out every other crime except for DUIs. Unfortunately for many, domestic violence is a crime that doesn’t need a victim’s report to lead to an arrest.

Even if both parties claim that there was no violence and that the situation has been resolved, California police must make an arrest if certain criteria are met during the call. This protects the government from possible civil suits, but it does make life much harder on the accused and sometimes their family. Knowing the ins and outs of domestic violence is the best way to survive a criminal domestic violence charge.

What is Domestic Violence?

Domestic violence is a crime against a significant other – that can include bodily injury, sexual assault or placing another person in fear of serious bodily injury or death. This type of intimidation can often lead to jail time in non-domestic situations, but the fact that it is committed against a current or prior loved one makes it a crime punishable by much harsher standards.

California has made it a high priority to protect its citizens from dangerous family members because statistics show that strangers commit only 14% of statewide murders. On the other hand, a spouse or other family member of the victim commits a whopping 20% of all California’s murders.

The Domestic Violence Protection Act

This California law allows domestic violence victims the ability to obtain protective or restraining orders against the perpetrator of their domestic violence. Family members and current or former spouses can obtain these types of orders. The law also allows for the arrest of a violent person who is in a dating relationship or even same-sex relationship. In some instances there doesn’t even need to be visible injuries on the victim for an officer to effect an arrest.

Restraining orders ensure that a person doesn’t come within a certain distance of their alleged victim, but certain orders can go even further. An ex parte order (decision which is directed by a judge without all parties present) can be issued that bars phone calls to a victim and contact with their family. Judges can demand that the accused refrain from several different acts in relation to the alleged victim, and it is always important that the accused follow all of these instructions or their bail might be revoked.

Getting Out of Jail

It is important to get out of jail quickly when arrested for domestic violence. Just because a person had a temporary problem with a loved one does not mean that they are never going to see each other again. In fact, in many cases the accused is the financial backbone of the victim’s family. Anyone arrested should contact a bail bondsman quickly, as they are usually capable of getting a person out of jail within hours. This will ensure that person doesn’t lose their job or any work hours due to the sudden and unfortunate arrest.

The accused also has the choice of paying the entire amount of their bail, but this is going to be very expensive – especially in a domestic violence case. Someone who pays their own bail risks having that money tied up for a lengthy trial, and can possibly lose some of it to court costs. It is best to speak with a bail agency and then follow all court orders until the charge is dropped or handled in court.

Life Goes On

Domestic violence calls often lead to arrests, even if both parties press no charges and personally feel the situation has resolved. This will lead to difficulties for the accused and may make their family’s life extremely difficult. It is important to get out of jail as soon as possible and ensure that any protective orders are followed. This will guarantee that a person can get back to taking care of their family as soon as possible.

While out on bail, the accused should continue working at their place of employment and be careful not to escalate the already emotionally-charged relationship with the alleged victim – whether there is a protective order in place or not. A temporary legal hassle is often not the end of these relationships.

Being arrested is one of the most stressful events any person can go through. After an arrest it is usually guaranteed that a person will spend at least a small amount of time incarcerated, even if they’re able to post bail soon after their arrest. Unfortunately for many, even after a person is released on bond, their initial bail amount can still be increased. This means that a person can literally be free awaiting their trial and then be incarcerated again if a judge decides to raise their bail amount. This can happen in several instances, but there are ways to ensure a person can still maintain their freedom while awaiting trial.

When a Judge May Raise Bail

There are several instances when a judge may choose to raise a person’s bail amount after they have been released. A person may be arrested for a misdemeanor and receive a bail amount based on that charge, but after the facts of the case are reviewed a judge could choose to amend the charges. In many cases a prior record could warrant a higher bail amount or even change a misdemeanor into a felony. In these cases, the bail amount will usually always be raised.

A person may also face a higher bail amount, or even a hold, if a judge realizes that the accused is on probation or parole for another crime. Once a person gets their first appearance in front of a judge, the judge may choose to raise their bail or even revoke it altogether if they are still serving probation or parole time for a previous crime. Even in these instances, it is still possible for a person to retain their freedom.

How to Stay Free

A person who has their bail amount increased has several options to stay out of jail. That person’s attorney can go before a judge and request that the additional bail be lowered. A judge will consider all of the facts that the attorney puts before him, so it is imperative that the lawyer be fully prepared to show the judge that their client isn’t a flight risk and that the case has substantial defense.

Many people released on bail are able to gain their freedom by using the services of a bail bondsman. These bail agents can also go before a judge and help a person retain their freedom if their bail amount is raised. The agent can explain to the judge that the accused is a trustworthy person, already bonded and that they will make all of their scheduled court dates. The bondsman can also assure the court that the additional bail amount can be paid in short order, and if the accused doesn’t show up for their court appearances, they have a lot to lose. A higher bail amount does mean an increased fee to a bail agent, but bail agencies are willing to set up payment plans if necessary.

People that have their bail raised after they’ve been released face several hardships that they may not deserve. Luckily, between a person’s attorney and their bail bondsman there is a great probability they will be able to remain free while awaiting trial. It is important to stay in contact with both of these professionals if a judge decides to raise a bail amount after an initial one has already been set. 

Modern bail agents have been securing freedom for people accused of crimes since 1898. In this time, bail bondsmen practices have evolved, but the premise of the practice has remained the same throughout American history. Bail agents usually take ten percent of a person’s posted bail amount as a fee and sign a surety with courts allowing for a person’s quick release while awaiting trial. Many people believe that these agents have no actual use other than securing a defendant’s release, but they are actually an integral part of the criminal justice system. Without bail bondsmen the criminal justice system in America would find it far more difficult to function.

Overcrowding

Overcrowding is a serious problem in many jails across the country. Bail bond agents actually help to ease this problem. Even though the Constitution of the United States expressly forbids excessive bail amounts being imposed, the amounts that are enforced are still some of the highest in the world. If it were up to defendants to post their own bail, many would end up sitting in jail awaiting their trial. Bail bondsmen provide an overall low-priced way for accused persons to get out of jail almost immediately after their incarceration. This not only eases overcrowding but also ensures that the space available in jail is saved for serious criminals.

Preparing Defense

Bail bond agents don’t just provide a service that slows the overcrowding of detention institutions, they also allow people accused of crimes to take a proactive role in their own defense. It is difficult to properly prepare a defense case against state prosecutors, so a person can only imagine the difficulty someone would have trying to do this from the confines of a jail cell. Bail bondsmen allow people the best chance of beating the charges against them, and this lessens the chance that a person will be punished for a crime that they didn’t commit. This not only saves an innocent person from going to jail, it also saves the state the money it would spend on supporting an additional inmate.

Allows Proper Release Criteria

When jails have issues of overcrowding it can lead to less stringent release criteria. A judge who knows that a jail is already at capacity may have to consider releasing criminals they otherwise wouldn’t in an effort to keep the jail population down. The Constitution only guarantees that a person cannot be punished with excessive bail, not that they will receive bail. Judges, at their own discretion, can deny a person bail if they feel the accused could be a flight risk or a danger to others. Judges who don’t have the weight of an overcrowded facility on their shoulders are better equipped to enforce appropriate release criteria.

Bail agents are an integral part of the criminal justice system. They may not be officers of the court or lawyers, but they serve a vital function in maintaining the fluidity of the system. Even the majority of sheriffs in the country feel that bail bond agencies are important in helping to maintain order within American jails. Bail bondsmen have been ensuring that defendants are allowed out of jail before their trials for over a hundred years, and hopefully they will be around to assist the criminal justice system for a long time to come.

Anyone who has been to jail can attest to the fact that being arrested is a stressful ordeal. An arrest is often the beginning of a drawn out tribulation that can end in a loss of money, time and even freedom. Most people who go to jail the first time are completely clueless about the sequence of events that will take place during the booking process. Different jails may have a separate order in which these tasks are undertaken, but there are several things that a person must go through before being allowed to call their family or bail bond agent. Learn more about the bail bond process.

Initial Intake

Before being brought into a detention facility inmates are often subjected to a “pat down” to check for contraband. Once this is complete and the person is brought into the booking area, they are taken to an officer who enters all of their personal information into a computer. Information is also entered on the crime a person has been charged with. Usually at this time a person hands over all of their personal belongings as well. These items will be kept safe until a the inmate’s eventual release, and then returned. A check for outstanding warrants is also run at this time, and the results may affect whether a person is granted bail or not.

Protection of Officers and Inmates

There are several procedures involved during booking that are meant to keep officers, the inmate and other prisoners safe. The accused is often questioned about current or former gang affiliations. If the accused has been part of a gang then they may be housed, for their own protection, in an area where rival gang members are not present.

A short medical exam is also administered to ensure the safety and health of the inmate and fellow prisoners. If a person has a serious medical condition the officers will be able to accommodate them while protecting other prisoners from possibly contagious diseases. Depending on the jail, these exams can even include tuberculosis checks. Inmates are also made to take a shower with delousing shampoo and sometimes strip-searched before they are sent into the general population.

Identification

Police gather an abundance of information that can help identify an inmate. This is used for their time in jail as well as being kept on record for any future need that may arise. A suspect is always photographed and fingerprinted, usually soon after they arrive to the facility. In certain cases an inmate can even be required to submit to a DNA test. All of this information can legally be kept on file and used in the future to identify a known subject.

The Phone call

Most people who are arrested spend their entire booking process looking forward to getting their phone call. Unfortunately, whether a person is subsequently found innocent or guilty of a crime makes no difference in the booking process. Jails will differ from state to state and even county to county, but the basic booking process is essentially the same and it takes the time that is deemed necessary to do so.

In most jails an inmate must go through the entire booking process before they are allowed to make their first phone call. At that point it is important to call someone who can post bail such as a family member or bail bond agent, thus ensuring a quick release.

The entire modern bail system in America stems from the passing of the Habeas Corpus Act in England during the 1670s. Since then bail has been a way for persons accused of a crime to remain free while awaiting prosecution. Before gaining this freedom, however, a person often has to stand before a judge.

There are instances when certain crimes are listed on a “bail schedule” which has set bail amounts for that specific crime, and defendants can often be released from jail by posting this amount before ever seeing a judge. Unfortunately for many, judges have a large amount of discretion when setting bail, and they have no duty to follow a bail schedule.

Denying Bail

Many people believe that the eighth amendment to the U.S. Constitution guarantees a person bail, but it doesn’t. This amendment only states that the court cannot impose excessive bail. Judges, in many cases, can remand the accused to custody. The denial of bail occurs only in certain situations, such as when a defendant has a mental condition or could obviously pose a threat to himself or others.

A judge will also consider whether a suspect has extensive ties to a community such as a family, job or ties to his neighborhood. If he doesn’t then he may not be trusted to return to trial. The court will also consider how serious a certain crime was and the chances of the accused being convicted before deciding upon granting bail or not.

Bail Conditions

A judge can also decide to set certain conditions on a person’s bail that they must follow or risk being re-arrested. This is often used to keep suspects away from certain people such as victims or bad influences, but conditions can also be used to ensure a suspect’s return to trial. Some judges will demand that a person reside at a particular address and may even make them wear an ankle monitor. In other instances the judge may require another person to act as a surety for the defendant. The idea here is that a person is less likely to abscond if they know a friend or family member will suffer financially because of it.

Legal Influences on Bail Amount

There are also several legal issues a judge may consider before setting bail. The court will always review a person’s previous criminal record before granting bail. If the suspect is a repeat offender then there is a chance he may not be granted bail at all. The court also considers whether or not the defendant has absconded from justice before. Any judge that has a defendant before him that has skipped out on bail before is not likely to grant it to the suspect again. As mentioned before, the judge also considers the seriousness of the crime. When defendants are accused of capital crimes then they are more likely to go on the lam, mostly due to the possibility of life in prison or the death sentence.

Bail isn’t as straightforward as many people believe. Sometimes it is as easy as calling a bail bond agent and having them post bond, but not in all circumstances. A judge has absolute discretion when deciding on a bail amount, and there are several factors he will consider before releasing a suspect back out into the public.

Any time a person is arrested, they are entitled to a bail hearing. This hearing will determine the amount of money, if any, that must be paid upfront for a person to be released before their trial. The 8th amendment of the U.S. Constitution states that “excessive bail shall not be required” for a person to garner their own release, so the question of what constitutes excessive bail often arises when a person goes to trial. There is not a set monetary amount that is considered extreme, but if a person feels they are being unfairly burdened by their bail amount, there are legal recourses they can take.

Constitutional Rights

The 8th amendment was a part of the original U.S. Bill of Rights that was drafted in 1791, and it guarantees protection against excessive bail. However, a certain monetary amount was not provided for any specific crime, so the idea of what constitutes a disproportionate bail amount is very subjective. A fair bail amount is one that is considered reasonably sufficient to ensure a person does not flee prior to their trial. These amounts can often seem high without being excessive, but in these cases, bail bond agents can provide the necessary funding to garner a person’s release. What constitutes excessive bail may be difficult to determine, but there are important factors that should always be considered when making this determination.

The Right to Bail

Many people who are unfamiliar with constitutional law may assume that the eighth amendment guarantees a person bail. This is not accurate. The Constitution only provides that a bail amount cannot be more extreme than necessary to ensure a person’s return to trial. People charged with capital crimes, those punishable by life imprisonment or death, may be denied bail altogether. It is believed that no bail amount could ensure that certain people will return to trial when facing such extreme consequences. In these cases a judge may deny bail outright, thus guaranteeing the accused will sit in jail until their court date.

There are some instances when a bail amount may seem excessive, yet still be fully constitutional. A person of limited means may be given a $10,000 bail amount which is considered sufficient to ensure their return. However, a person who makes millions of dollars a year may not be sufficiently convinced to appear in court by paying that same amount. So even if these two defendants commit the same serious crime, the richer of the two may be given a bail amount far exceeding $10,000. Bail is meant to ensure the defendant’s presence at trial, and if an extremely high amount is deemed necessary, then it is considered legal.

How Bail Amount Is Determined

Bail amount is determined in a number of different ways, depending on the jurisdiction and the severity of the crime that has been committed. Generally speaking, factors such as the individual’s criminal history, past behavior while out on bail, and the potential threat they pose to society are taken into consideration when setting an amount.

What Constitutes Excessive Bail?

One of the most important considerations when determining what constitutes excessive bail is the nature of the crime itself. Serious crimes such as murder, rape, and other violent offenses often result in high bail amounts.

However, it is also important to consider the circumstances surrounding the crime. For example, if a person has a long history of criminal activity or displays extremely violent tendencies, it is likely that their bail will be set at a higher amount than what would otherwise be considered excessive.

Another factor to consider when determining what constitutes excessive bail is an individual’s financial situation. If someone has limited resources or is unable to post bail, they may be held in jail for an extended period of time. This can have a devastating impact on their life, making it difficult to maintain employment or support their family.

Legal Recourse to Excessive Bail

There are instances when higher courts may feel that a set bail amount is unwarranted. If a judge sets a bail amount that is either disproportionate to the crime, or more than necessary to ensure the accused returns for trial, then a defendant must take action. If the accused or their bail bond agent believes that bail is too much in a certain case, then they must notify a person’s attorney. A lawyer can make a motion in open court requesting that a bail amount be lowered. If this is unsuccessful, the attorney may appeal directly to a higher court.

Appellate courts do not always agree with a lower court’s decision. In the 1951 case of Stack v. Boyle, the U.S. Supreme Court found that a $50,000 bail amount was unwarranted to ensure that members of the Communist Party returned for their trials. The persons accused actually made a motion in court to reduce their bail and then appealed to another court when their motion was denied. Their appeal was also denied, which led to the case being heard by the Supreme Court. This shows that local courts cannot always be trusted to enforce the Constitution. When this is the case, it is important for the lawyer of the accused to work toward a lower bail amount to ensure their client’s rights.

Excessive bail is constitutionally illegal within the United States. There are instances when a person may feel their bail amount is unwarranted, but this doesn’t mean the legal system agrees. A particularly high bail amount should never just be accepted if it is superfluous. There are instances in American judicial history where excessive bail was set and overturned by other courts. Whether bail is set too high or not is often subjective, but anyone who feels that they are being unnecessarily burdened by their bail amount should try their best to remedy the situation legally.

If you’re in a bind anywhere from Oakland to Los Angeles or even Santa Ana, give us a call!

Anyone can be affected by the legal system in America. Even minor charges can land a person in jail from time to time. The Constitution protects people accused of crimes, by ensuring that a bail amount cannot be excessive for the alleged crime committed. Securing bail is the quickest way to get out of jail, but freedom isn’t the only benefit that comes with getting out on bail.

Working on Your Defense

When a person plans on fighting a charge against them, they need time to prepare their defense. This is not a simple job from the confines of a jail cell. A person cannot travel to find witnesses or collect evidence if they are in jail. Posting someone’s bail ensures that they can prepare themselves for what could be a lengthy trial.

Keeping a Job

Unfortunately for many people their jobs will not wait for them if they miss work due to being arrested. The days missed can be numerous if a person doesn’t post bail soon after it is set. Even if they don’t get fired from their job they might lose several days’ worth of pay, which can equate to thousands of dollars lost while waiting for trial. Bail bond agencies can usually post bail for someone within hours, ensuring they miss absolutely no work.

Avoiding Arrest Altogether

Most people think that they would have to actually be arrested for a bail amount to be set. This is not always the case. Several charges have a preset bail amount that a person can pay and not even be arrested. Bail bond agencies can also run a warrant check for you and post the preset bail amount if a warrant is found.

Taking Care of Your Family

Anyone that has a family knows taking care of it is a full time job. Being confined in a jail cell takes away from the time a person needs for family duties. Even a few days away from a person’s family can be detrimental. Having bail posted as soon as a bail amount is set can get a person back to their family in just a few hours.

Confidentiality

Having bail posted soon after, or even before being incarcerated will ensure that a minimal number of people know about the situation. A person who has bail posted quickly may not miss any work, social events or any other event where their absence would be noticed. Bail bondsmen can quickly post bail without your having to come up with a substantial amount of cash. This can make the whole release process go even faster.

Securing bail after being arrested is the most important thing a person can do to get their life back to a semblance of normal. Face bail amounts can be extremely high without actually being considered “excessive.” Luckily there are bail bond companies that will post bail for a person for only 10% of the actual bail amount. They also have payment plans, which helps to level the playing field so most anyone can get out of jail once a court has set a bail amount.