What exactly is bail?

[Jimellow]

I've been reading a lot about criminals being charged and bail being set in the news lately, and I'm curious about what it is exactly.

As an example from today's New York Post:

A 23-year-old drunken driver who fatally struck a single mom after leaving Sunday's Mets game was charged yesterday with vehicular manslaughter, negligent homicide, and driving under the influence of alcohol.

Michael Barlow wsa arraigned in Queens Supreme Court and ordered held on $50,000 bail in the death of Teresa Mankarious, 50, of Edison, N.J.

I gather that bail is the amount set that can be paid to get someone out of jail/holding, but I'm uncertain on the specifics. If bail is paid, is a suspect let of of jail, deemed innocent, and free to go wherever and do whatever he pleases? Does he still have to stand trial, and if yes, what is there to prevent him from leaving the state and making it exceptionally difficult to find him again for follow-ups to a given crime?

I've also been reading quite a bit about Jose Carranza lately, and the situation in which bail of $150,000 was paid, and he walked, only to later shoot four college students in the head, almost as if they were being executed.

Thus, I'd appreciate some clarification on what exactly bail is, and more specifically, how it works.

Is paying bail essentially giving a suspect a "Get of of Jail" card, or are they still considered a suspect despite them being able to leave confinement/prison?

[dc_dux]

Bail does not provide a "get out of jail card".....it supports the long held concept of innocent until proven guilty. It provides the unfettered means for a person charged in a crime to prepare a defense.

Further supported by the 8th amendment to the Constitution:

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

[spectre]

As I understand it, you pay the bail money, which is then held until the end of the trial and you're allowed to spend the duration of the trial at home instead of in jail. As long as you show up for the trial, you get your money back at the end, otherwise, you're put back in jail and forfeit the money.

[ratbastid]

It's also insurance for the state against criminals running off pre-trial. The amount is supposed to be enough that it's sufficient incentive for individuals to stay put and stand trial.

[albania]

Do the courts have to set bail? I mean, is it required by law?

[rat]

bail is the rough equivalent of escrow money placed in trust with the state to secure freedom until the specified trial date. it also an alternative to the other two options which are: released upon own recognizance (RoR'd) or remand. RoR is usually the case in which a high-profile person (generally famous, well-regarded, or extremely wealthy) is released without bail either due to the fact that no amount of money able to be legally set by the court would be deemed sufficient to hold them, or because they do not pose a serious flight risk if they surrender their passport. Not many people would have failed to recognize O.J. Simpson in the early 90s during his trial, and he had a enough money that even several million dollars worth of bail would have been pointless to impose. Therefore, as long as he surrendered his passport, due to his high-profile celebrity, he was released on his own recognizance. Remand, on the other hand, is when someone is deemed a serious flight risk or a serious risk to their community due to a history of criminal violence. Bail is the middle ground. It's saying, "You may be tempted to flee the jurisdiction of this court, so we're going to take enough of your money to make it not worth your time to do so; however, we don't see you as an immediate threat to those around you, so we will not hold you in prison until your court date."

[Crack]

Originally Posted by albania

Do the courts have to set bail? I mean, is it required by law?

I do believe it can be denied.

[Dilbert1234567]

it's a sum of money, exchanged for the release of an arrested person as a guarantee of that person's appearance for trial. they get the money back as long as they show up for trial.

[Halifax]

All very true. Watch a few hundred episodes of Law & Order, and you'll feel like you could set bail, lol.

[flstf]

Bail is a way to keep poor people locked up and wealthy people free after being charged with a crime. It is not a "get out of jail free card" but more like a "get out of jail for a price card". The criminal justice system works very differently for the wealthy and the poor.

[Halifax]

Originally Posted by flstf

Bail is a way to keep poor people locked up and wealthy people free after being charged with a crime. It is not a "get out of jail free card" but more like a "get out of jail for a price card". The criminal justice system works very differently for the wealthy and the poor.

That is why there are bail bonds, though. Helps to even the playing field a little bit.

[flstf]

Originally Posted by Halifax

That is why there are bail bonds, though. Helps to even the playing field a little bit.

Yes, ironic isn't it, if you don't have enough money to post bail there are companies that will charge you a percentage to cover the amount if it is backed by some collateral. Another way to make money off the poor and middle class. The wealthy need not apply.

[rat]

wow. just plain wow. bail is not a matter of class warfare, and believe it or not, the odds that someone who could afford to pay the level of CASH bail they are assessed in a court are very slim. the people that can are in the richest 1% of the nation, and frankly, that means 99% of the nation could not do what you suggest. however, through the means of the credit and lending system which is essential to the running of every day life, any individual could gain bond as long as the bail bonds company believes they will be faithful and show up to court. trust me, I've had to use it for multiple friends, and it works. if anything, the average person should be pretty damned happy that some stranger would stand surety that they would make it to trial so that they're not simply remanded because they couldn't afford the entire fee up front.

[Glory's Sun]

Originally Posted by albania

Do the courts have to set bail? I mean, is it required by law?

The judge can choose to set a no bond if the court feels the defendant is a flight risk or if there is sufficient evidence to support that the defendant will tamper with jurors or cause harm to the trial in some way.

Also, the court can release the defendant on his own recognicence (sp?) or into the custody of parents or family members. In some cases, bail will be waived in lieu of a house arrest type situation. The person must wear an electronic band that monitors their whereabouts and in some cases must also report to the sheriff's office daily or weekly until the trial date.

Every state has a different set of rules that are adhered to when it comes to bail. The defense and prosecution are allowed to make their cases at the bond hearing at which time the bail will be determined. Bail is just an insurance plan to help insure that the person will show up to court. If the person fails to show up, then an FTA (failure to appear) will be docketed to the record and a warrant for arrest will be drawn up. This often increases bail and often times carries a 30 day sentence along with a no-bond sentence for the other charges.

If the defense feels that excessive bond was set then another bond hearing can be set to determine if the amount can be lowered or dropped.

[flstf]

It seems self evident that basing whether we go to jail or remain free by posting a bond will always benefit those who have money. We may be innocent until proven guilty but for similar offenses those without the dough will be behind bars as soon as they are charged. Of course if they don't have money they probably cannot afford a decent lawyer anyway. No class warfare intended, just the way it is.

[wakelagger]

How does the bounty system work? If you get a bail bond posted by a bondsmen, and you fail to appear, does the bondsmen have to track you down or risk losing the money to the courts?

[Jimellow]

Thanks for the replies and clarification.

If a suspect pays bail, is the money returned to them regardless of the outcome of the trial, providing they attend court and do what's expected of them?

[spectre]

Yes. The purpose is only to ensure that they do show up. If they're guilty, there is no extra penalty of losing the bail money.

[shakran]

Originally Posted by rat

wow. just plain wow. bail is not a matter of class warfare, and believe it or not, the odds that someone who could afford to pay the level of CASH bail they are assessed in a court are very slim.

Also in many states bail is set as a percentage. in other words, you may only have to pay $10,000 of that $100,000 bail, *unless you skip town* at which point you owe the remaining $90,000. And that $10,000 will be returned to you when you show up like you're supposed to.

[Glory's Sun]

Originally Posted by shakran

Also in many states bail is set as a percentage. in other words, you may only have to pay $10,000 of that $100,000 bail, *unless you skip town* at which point you owe the remaining $90,000. And that $10,000 will be returned to you when you show up like you're supposed to.

This is true, and most of the time collateral is needed on a high payout bond such as property or other assests to insure the bondsman can get the money back if you don't show up.