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Bail is a legal right for the defendants but you cannot take it for granted

If you face any criminal charges except petty charges, you must either spend your time in jail until the day of trial or avail bail by paying cash or furnishing a bail bond like Castle Bail Bonds so that you can avoid jail. Bail is the process of allowing persons charged with some criminal offence to stay out of jail while waiting to appear for trial which normally begins after a few weeks or may take longer depending on the case load of the judiciary. During the bail hearing the judge determines the bail amount or the size of the bail bond based on the severity of the charges as well as the circumstances. The bail serves as a guarantee that the defendant would abide by the conditions of the bail and appear in court of the specified date later. Failing to pay the bail amount would mean jail.

Bail bonds are contracts

 Bail bond that helps to avoid paying cash for securing bail is actually a contract between the defendant and the court executed through a financial arrangement involving a bond agent or a bond agency which serves as security. The bondsman of bond agent acts on behalf of the defendant and assures the judge that the defendant will comply with the conditions specified in the bail when set free and will appear for hearing at the court on the declared date in future.  The bail amount depends on the seriousness of the crime based on the assessment of the possibility of harming others, the dangers that the person could pose when released, criminal history of the person and the family background, community links and employment status. 

 Bail denial

Although obtaining bail a legal right of the defendant the judge has every right to deny bail to the person. If the judge feels that the defendant is a dangerous person or highly connected across the society and is capable of influencing the legal procedure, then the judge would not give bail to that person. Again, if the person has cases pending in other jurisdictions, the judge would not allow bail because keeping the person in legal custody would help in proceeding with the other pending cases. Lastly, inability to furnish the bail bond would result in its nullification.

Type of offences

According to the criminal laws, a person can avail bail only if booked under charges that qualify for bail normally known as bailable offence in legal parlance.  The offence should have the legal backing for releasing the person and unless the judge feels that it would be unsafe to release the person for whatsoever reasons the defendant is very much within his or her right to avail bail. However, it is important to execute the bail bond in the proper manner to avail bail. 

Much serious offences would mean that it does not have any provision for bail at all as it comes under the category of non-bailable offence. In such cases, the defendant simply cannot apply for bail because the laws prohibit it.

Consult the bond agents and share all information related to the charges. They can confirm your eligibility for bail even without involving a lawyer.

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