Posted on: 9 June 2021
Police officers generally are allowed to arrest and detain a criminal suspect for a maximum of 24 hours if charges have not been filed. This individual has the option to answer questions, to refuse to respond, or to request a lawyer. Once the suspect asks for an attorney, police are required to stop the questioning without a lawyer present.
After 24 hours, the district attorney's office must file charges or police must release the suspect. Bail is set after criminal charges are issued. If the defendant cannot afford the cost, he or she may want to apply for a bond from a licensed agency.
The exception to the 24-hour rule would be if law enforcement officials are granted permission from the court to detain the defendant somewhat longer. One valid reason is expecting a judge to approve a search warrant within hours.
Another could be the suspect considered a flight risk. If detectives expect to have more evidence soon, a judge may approve further detainment. That way, the individual can be charged and bail set. Defendants who are considered flight risks might have bail set prohibitively high or denied altogether.
The Setting of Bail
Amounts for lesser, more common crimes are posted on a schedule. In other cases, a judge sets the amount at a hearing. Either way, many defendants need assistance from a bail bonds organization to regain their freedom. Although the agency charges a non-refundable fee for the service, this is often the only option for release from jail.
For instance, a large number of defendants cannot afford bail set at $5,000 or higher, but they can afford the agency's service fee. That fee typically is 10 percent of the cash amount. These individuals could have $500 in a savings or checking account or have that much credit available.
Completing the Transaction
Since the defendant is behind bars, a family member or friend usually completes the bonding transaction. This person may be able to pay the fee with the defendant's credit or debit card or might need to cover it until the loved one is released. Commonly, relatives and close friends willingly accept this responsibility since they are eager to get the person out of jail quickly.
To maintain freedom on a bond posted by the agency, the defendant must comply with the court's requirements. That includes attending all scheduled hearings. Staying out of jail feels imperative for many individuals. They continue going to work and handling other obligations while the case is ongoing.
Talk to a bail bond agency for more information.Share