Is Bail Always Set In Criminal Cases?
Bail is set in less than half of criminal cases. It depends upon factors such as the defendant’s criminal history and whether they were doing something at the time of arrest that would indicate they would try to flee or demonstrate an act of violence. There are a myriad of things that a court will examine as to whether or not they’re actually going to set bail. Someone who doesn’t have any past criminal history, has strong community ties, has a job, and has a place to go if they were to get out of jail is likely to honor any court orders that the court would mandate. They will probably get released on only their promise to come back to court. The defining factor in any case is the element of violence. If violence is a factor, then bail will almost always be set.
How Is The Amount Of Bail Determined By The Court?
The amount of bail is set based on the information the court can garner from the certification of probable cause which is authored by the arresting officer(s). Friends, family members, fellow employees may be allowed to come in and speak on behalf of the defendant or against them. Occasionally, a victim will go to the prosecuting attorney and tell them that they fear the defendant may retaliate against them. If there are obvious injuries, it would almost certainly incur bail.
What If I Can’t Afford The Bail Amount Set? Do I Just Have To Stay In Jail?
The court rules that are set down by the Washington State Supreme Court indicate that a person will be released on the least restrictive circumstances. If there is a bail set and it’s more than they can afford, they can secure the service of a bail bond company. That company will explore how they would pay the premium and what they would have for collateral to secure the full amount of the bond. The premium is generally 10% of the bail amount and is non-refundable. If a defendant posts full cash with the court, they would then get the cash returned upon competing all court appearances.
Can I Ever Be Released On My Own Recognizance?
Most people are released on a personal recognizance. However, if there are factors that indicate violence or a past criminal record, then a bail is set. A bail is laid down by the courts in less than half of the cases that come in front of any district court.
For more information on Setting Of Bail In Criminal Cases In Washington, an initial consultation is your best step. Get the information and legal answers you are seeking by calling phone: (206) 829-4373 today.
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