When you get charged with a crime, you generally have two options. You can sit in jail and await trial, or you can get out on bail. How much you have to pay can vary based on a number of factors and there are certain to be rules about your bail that you won’t want to break. A Blue Bell criminal defense lawyer from our firm can tell you more about how this all works.

Which Defendants Are Eligible for Bail?

Bail is set in almost all cases in this state. The exceptions are usually murder cases or situations where it’s especially unlikely that a defendant would show up for court. Even when someone is being accused of committing a felony, it’s likely that bail will be set. Whether someone can afford to pay that amount is a different story though.

What Will a Judge Consider When Bail is Set?

Of course, a judge does not just set bail at random. There are a few considerations to make before a decision is reached, including:

  • How severe the crime is
  • If there are any mitigating or aggravating circumstances
  • The criminal history or lack of criminal history of the defendant
  • Whether the defendant seems like a flight risk
  • The defendant’s ties to the community, if any
  • Whether or not a defendant has a history of missing court dates

Usually, a certain amount of bail is set and a defendant has to pay that. However, a defendant could also be released on their own recognizance. They don’t have to pay anything or stay in jail until their next court date. This is more common when the crime is non-violent and the defendant does not have a history.

Even if you get released on your own recognizance, there will probably be rules that you need to abide by. You may have travel restrictions or be asked to enter a mental health or drug treatment program. Whatever the judge’s instructions are, follow them.

Do I Have to Pay the Entire Amount the Judge Chooses?

If the judge does set a cash bail, you may not have to pay the whole thing. An unsecured bond requires you to sign an agreement that would make you liable for the full bail amount if you violate the judge’s conditions, but you’ll owe nothing if you follow instructions.

A more secure option for the court involves a bail bondsman. You pay a portion of the bail to them along with a fee, and then they pay the rest. If you follow the rules, they get their money back. If you don’t, they will pursue you to get their money back.

There are some situations where a defendant has to pay the full bail amount though. They may be able to put up collateral, like a deed to a home, if they do not have enough cash.

Contact Our Defense Attorneys

If you want to learn more about what our criminal defense attorneys can do to help you, contact Mudrick & Zucker. We can schedule a case consultation and tell you more about what we can do to be of assistance.