In the United States, it's not lawful (most of the time) for a person to remain in prison before they've actually been convicted of a crime. After you've been arrested, you go to a short court proceeding where you can enter your plea and receive a bail amount from the judge. When you plead not guilty, the judge sets bail to allow you to be released from jail until you have further court proceeding for sentencing or trial.

Bail is often misunderstood, especially because it is casually mentioned in law shows and films. Take a look at these common misconceptions about the bail system. 

Myth: Bail Is Expensive

Not all bail is expensive, and bail is technically refundable. Its purpose is to help make sure that people awaiting trial don't leave town or try to run away without appearing for their sentencing. However, for many crimes, bail amounts are only in hundreds of dollars. 

Bail bonds are what most people use to pay bail. A bail bond company puts up the money for your bail, but you have to pay them a certain percentage of the bail amount. For example, if your total bail amount is $1000, you would pay the bail bond company $100 for them to cover the cost of your bail. Once you are sentenced, the refund for bail goes to the bail company. 

Some crimes result in much higher bail amounts, which is why having an experienced criminal defense attorney is important. Some attorneys can refer you to specific bail companies that will give a discounted rate. Also, when arraigned, your lawyer can argue for a lesser bail amount in order to make the cost to the bond company more affordable for you. Family members or friends can also give money to pay your bail. 

In special cases, bail amounts are set so high that it would be impossible to pay, even with a bond company, or bail is denied. This is usually for very serious and dangerous crimes that indicate a person will be dangerous to society or will run away if released. Because freedom from prison is a constitutional right for people accused of crimes, these situations are quite rare. 

Myth: Bail Is Not a Loan

Bail bonds are exactly like a loan. You usually need to put up collateral for the full price of the bond. The collateral is there to stop you from running away -- because another company is paying your bail, you need another reason to stick around. People will often use personal property, such as a house, as collateral for bail.

If you leave without appearing for your court dates, bail bondsmen have the legal power to come and collect you using strong force. Appearing in court like you are supposed to holds up your end of the bargain. 

Myth: Your Bail Amount Is Set in Stone

Some people think they don't need a lawyer for a bail hearing because bail amounts are set in stone based on the crime. That is not always the case. Your lawyer can argue for lesser bail amounts, or you could receive higher bail amounts depending on the amount of evidence presented at the arraignment. Also, if you enter a guilty or no-contest plea, there is no reason for bail, because the judge can sentence you immediately. 

Myth: You Don't Pay Bail If You've Never Committed a Crime Before

Another common mistake that people make is assuming that if they have never been convicted of a crime, they won't be charged any bail. In TV and movies, first-time offenders are often shown getting released on their own recognizance, which means they are released based on their previously good reputation. 

This is possible for misdemeanor crimes of certain types, but they have to be less serious. You also have to show that you are a contributing, solid citizen in the community with strong ties. Owning a home, keeping a job, and having family connections in the area help you to get released on your own recognizance. 

For more information, get in touch with an attorney such as Raymond Martinez Attorney at Law.

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