No one wants to face arrest or experience the harsh reality of jail time. If you find yourself or anyone you may know in this situation, it is very important that you know how to navigate all of the ins and outs of this legal situation. If taken to jail, you will need to be aware of how the bail process works in order to get out of police custody. Each state and many counties have differences in how they handle the situation, so you must be aware of policies in the location where you have been arrested.

When an individual is arrested, they will be taken to a jail for booking and holding. Often, the individual will be able to get out of jail by paying a fee known as bail. Paying this fee allows a person to be released from jail while they await their trial. Many times, it is several weeks or months before the trial date, so bail allows the accused individual to go about their lives while they await this date. Bail can be posted by the person arrested, a friend or family member, or anyone who can afford to cover the cost of this fee. Because this fee can be more than many individuals can afford, often it is necessary to get help from a bail bond agency or defense attorney to get this fee paid.

The amount of bail depends on several different factors. One of the main factors considered is the severity of the crime. When setting bail costs, the judge may also consider any prior convictions on the defendant's record as well as the potential of the accused to disappear. The judge will make this decision based on their discretion and will sometimes use a set schedule for bail fees. However, the accused is protected from excessive bail thanks to the Eighth Amendment. As long as the defendant appears at the scheduled court dates, the bail will be refunded either to the individual who paid the fee, or the agency that covered the cost.

If you are unable to post your own bail, you may have to get someone to help you with a bail bond. Getting a bail bond involves hiring someone to pay fee that is paid to the court in order for the accused to be released. If a bail bond agency is hired, a fee is charged in addition to the amount of bail, for the agency to provide the money needed. The bail amount is held by the court until the individual has completed their criminal trial.

It is also possible that your criminal defense attorney may be able to post bail for you to get you released from jail as a part of your attorney fees. Hiring a criminal defense attorney to handle your bail is a very cost effective way to get yourself out of jail. The bailout fees that the attorney pays can often be applied to the cost of the legal fees associated with handling your case. Your attorney will be the one handling all of the details of your charge and defense and it is wise to allow them to handle the bail process for you as well. If you find yourself in need of bail, your criminal defense attorney is probably the best place to start.