If you or a loved one have been arrested, you may be wondering what to do if the judge sets bail at an amount that you cannot afford. Fortunately, you have rights under the Eighth Amendment of the United States Constitution, which protects you from having excessive bail set in your case. The Texas Constitution also addresses this issue and prevents judges from setting bail at unreasonably high amounts. While you may be able to fight against excessive bail as a defendant in a criminal case, you will also want to make sure you can be released rather than being held in jail. By securing a bail bond, you can get out of jail and determine your best options for moving forward with your case.
The Eighth Amendment and the Texas Constitution Bill of Rights both state that "excessive bail shall not be required" when a person is arrested and charged with a crime. Bail should be no more than is necessary to ensure that the individual appears for their court proceedings. In addition, bail cannot be used to oppress or discriminate against a person, and a person's ability to pay bail may also be considered when determining an appropriate amount.
When a person is arrested on suspicion of a violent crime, they will be taken into custody by police and held in jail. Because these offenses are often considered to be serious, a person may be looking at a long prison sentence if they are convicted. However, the law allows for a person to be released during their criminal case, ensuring that they can continue working and attending to the needs of themselves and their family. To be released, a person will usually need to pay a certain amount of bail. For those who have been arrested for assault or other types of violent criminal offenses, as well as family members or others who may provide assistance in paying bail, it is important to understand the factors that determine the amount of bail that must be paid. Fortunately, by obtaining a bail bond, a person can usually be released quickly, and there are affordable options for paying the amount of bail that is due.
Going to college is an important step in the life of many young people. In addition to receiving education that will allow them to pursue their chosen career, students will be taking the first steps into adulthood and independence. Unfortunately, this independence can lead to troubling situations. While at college, students may engage in behavior that could potentially lead to being arrested. Dealing with these situations can be difficult for parents, especially if their child is attending college some distance away from their home. By understanding the steps they can take to help their child get released from police custody, parents can be sure they are handling these situations properly.
There are multiple reasons why a student may be arrested, including but not limited to:
Possession of drugs or alcohol - Many students experiment with alcohol and drugs, especially while attending parties or enjoying time with their friends and fellow students. Unfortunately, possession of alcohol before reaching the age of 21 or possession of any controlled substances could lead to serious criminal charges.
A criminal arrest can be a scary experience, especially for those who have not previously been in that situation. People may be arrested for a variety of reasons, but generally, an arrest will only occur if police have a valid reason to believe a person committed a criminal offense (known as probable cause). After being taken into custody, a person will appear before a judge, where they will be informed of the official criminal charges against them, and the judge will set an amount of bail that they will need to pay in order to be released. This amount can be a shock for many people; depending on the seriousness of the offense and other factors, it may be several thousand dollars. Those who do not have the cash available to pay bail need to understand their options for getting released.
While a person is in custody, they will usually need someone else to raise the money needed to pay bail. This will usually be a close family member such as a spouse, parent, or sibling, although friends may also be able to help. A person's attorney can often provide guidance in these matters as well. Generally, however, the best option for paying bail is to work with a bail bondsman. In these cases, a person will usually only need to gather around 10 percent of the amount the judge has required them to pay. Options for raising these funds may include:
Drunk driving is one of the most common reasons people are arrested. While it is understood by most that driving while intoxicated is illegal, there are many situations where people get behind the wheel after having too much to drink. Gauging your level of intoxication can be difficult, and knowing exactly when you are over the legal limit is not always easy, especially since the use of alcohol can affect your judgment and make you feel like you are safe to drive. If you are arrested for DWI, you will need to determine how you can get out of jail quickly. While bail bonds are usually available, it is important to understand the factors that may affect the amount of bail that you may be required to pay.
Intoxication may occur in cases where a person does not have full control of themselves physically or mentally due to the use of alcohol, drugs, or a combination of substances. Anyone who has a blood alcohol content (BAC) over .08 percent is considered to be intoxicated. Operating a vehicle while intoxicated may potentially result in a DWI arrest.
Being arrested and charged with a crime can be a scary experience. If you are not familiar with the criminal justice system, you will probably be worried about what will happen to you, especially if police officers attempt to get you to confess or tell you that you will go to jail for a long time if you do not cooperate. As you face criminal charges, it can be easy to feel like you have no hope of success, and to avoid a long sentence, you may consider fleeing after being released on bail. However, doing so is a serious offense, and it could lead to additional consequences.
After being arrested, you will usually be able to be released from police custody by paying bail. The justice system recognizes that being held in custody for an extended period of time could result in significant difficulties for you and your family. As long as releasing you into the public would not put others at risk, you will usually be allowed to get out of jail relatively quickly after being arrested.
Criminal arrests can occur at any time of year. However, many scientific studies have observed that the rates of crime tend to increase during the summer months. There are many reasons why this may be the case, but regardless of the causes of alleged criminal activity, those who are arrested will need to understand what to do next. Most of the time, the top priority will be to get released from police custody. To do so, a person will usually need to pay bail, and they can do so by securing a bail bond.
While nobody is sure why crime tends to increase during the summer months, there are a variety of possibilities, including:
Warm weather - As temperatures increase, this can make people more irritable and aggressive, making them more likely to act violently against others. Exhaustion and stress brought on by summer heat may also cause people to act impulsively and take actions that they would not normally consider.
For many parents, the thought of their child being arrested can be very frightening. Young people’s brains are not fully developed, and they often act impulsively without thinking about the consequences of their actions. Unfortunately, this lack of restraint may lead them to commit crimes, and if they are caught, they may be arrested, taken into police custody, and required to appear before a judge in juvenile court. In juvenile delinquency proceedings and related criminal cases, parents will need to understand whether bail will need to be paid before their child can be released.
When minors are between the ages of 10 and 17, criminal cases are handled in juvenile courts. However, a minor who is at least 17 years old will be treated as an adult following an arrest. The juvenile court system is less focused on imposing penalties for violations of the law, and instead, it seeks to rehabilitate youths and provide them with tools to help avoid criminal activity in the future, while still making sure an appropriate response is taken to illegal activities.
Most of the time, when a person is arrested, they will be able to be released after posting bail. Following an arrest, an arraignment will be held, and a judge will set an amount of bail that must be paid in order for the person to be released during their criminal case. For those who are looking to get out of jail but who may not have the resources to pay the full amount of bail, a bail bond may be the best solution. This will usually only require them to pay 10 percent of the amount of bail set by the judge. Procedures for bail and bail bonds will be followed in most criminal cases, including situations where a person is arrested based on accusations of family violence. However, there may be some cases where bail may be denied.
In many cases, when a person is arrested for family violence, a court will put an emergency order of protection in place. The court will then hold a hearing where both the alleged abuser and their alleged victim may testify or present evidence, and if necessary, a more permanent protective order may be created. These types of orders are meant to prevent any further domestic violence or abuse. An order of protection can include a number of restrictions, such as:
Being arrested and charged with a crime can be bad enough on its own, but to make matters even worse, a court is likely to require a person to pay a certain amount of money before they can get out of jail. Bail is meant to make sure a person will follow the court’s requirements, show up for future hearings or other court proceedings, and remain in the area during their criminal case. The amount of bail can be high, because a court will want to prevent a person from fleeing in order to avoid prosecution. Fortunately, bail bonds are available to help a person or their loved ones pay these amounts. Those who will be paying for a bail bond will want to understand the factors that may lead to larger amounts of bail.
When setting bail, a judge may consider a number of different factors that are relevant to a case, including: