What is the Point of Bail?

bail process

What is the Point of Bail?

Bail is the amount of money that defendants must post. They must post this in order to be released from police custody until their trial. It is important to consider that bail is not a fine, and it is not supposed to be used as punishment. On the contrary, bail is used to make sure that defendants show up for their trial. Each time a defendant shows up to the courthouse, they are making themselves accountable for providing a more just and purposeful society. By showing up to the courthouse, they are making good on their accountability measurement.

What Crimes Require Bail?

There are a number of different crimes that qualify for bail. Any felonies, including grand larceny, grand theft, physical assault, and destruction of property, will include bail. The bail amounts for crimes will differ in the range from high to low depending on the severity of the crime. For instance, for the crime of murder, you will have a higher bail amount. 

How do Judges Determine Bail?

A judge will determine the amount of bail based upon factors like the severity of the alleged offense. A defendant that has a long and storied criminal history will be deemed more of a threat to society than a person that has not been convicted of a crime. Correspondingly, a person that has a minimal or negligible criminal history will have a lighter sentence, less of a fine, and a smaller bail amount. Felonies are more serious than misdemeanors. Because this is true, a felony will carry with it a more severe bail amount and sentence. A misdemeanor will have a less serious punishment and fine.

How Does Bail Work in the US?

In the United States, bail works by releasing a defendant in exchange for money. The court will hold the money until all of the court proceedings and the subsequent trials are finished. The court holds the money because it is trying to ensure that the defendant will show up to the court in order for justice to be served. Bail will be given back to the appellant once justice has been deemed to be served.

What is the Lowest Bail Amount?

For minor misdemeanors, bail can generally be set at around five hundred dollars. That said, a judge can choose to raise or lower that amount. The reason why the bail is subject to purview by the judge is that the judge’s opinion may change based upon the situation and circumstances of the case. It’s important to consider that if the bail amount is very high, there are connected reasons.

How Bail Process

The bail process is important for individuals to understand. Please review the following bullet points to learn more about how the bail process works.

  • The defendant is arrested for a crime.
  • The defendant is held in police custody.
  • A friend or family member of the defendant pays bail to the court or a bail bondsman.
  • The defendant is released on the supposition that they will show up to all upcoming court appearances.
  • The bail can be recovered if the defendant shows up to all of their court and trial appearances.

Why Bail is Important

The reason why bail is important is that bail is the balance of allowing release for individuals so that they can be held accountable for their errors. Bail accomplishes the important purpose of making sure that people show up for their court dates. Bail also eliminates an unnecessary burden on taxpayers. This is because bail can track and monitor defendants due to the fact that money is involved – they have a stake in the process. Bail also protects the defendant’s rights. This is evidence that the defendant is innocent while awaiting trial.

What is Wrong with Bail Process

The critique that usually impacts the bail process is the fact that it needlessly imprisons poor people. For instance, one of the landmark examples of this is in 2010, when he was sixteen, Kalief Browder was accused of stealing a backpack. He was released on three-thousand dollar bail His family could not afford the price, which is why Kalief Browder languished in prison for three years awaiting trial. In 2015, Mr. Browder committed suicide.

bail process

Bail Process in Court

Once your bail has been determined by the judge presiding over the court, the defendant will pay a set amount of money. This amount of money is paid in order to be released from police custody. If the defendant shows up to all of their court proceedings, then their bail amount will be returned to them.

If you would like help with the bail process in Mt. Clemens and Troy, MI, we are here to help. Please give our team a call at 844-YOU-WALK.