Facing any kind of criminal charge can be incredibly overwhelming, with many unsure of their legal options. As such, working with a Cobb County criminal defense lawyer is critical to ensuring the different aspects of your process are fair and to provide the best opportunity to defend yourself during these complicated matters. One area you may not be familiar with is how the bail process works. The following blog explores what bail is, how it works, and if you may be eligible.
What Is Bail and How is the Amount Set?
When you are arrested for a criminal offense and held in prison, you will be arraigned within 24-48 hours of your arrest, with some exceptions. At your arrangement, the judge assigned to your case will review the charges against you and your rights as a criminal defendant. Next, you will enter your plea. It should be emphasized that you should consult an experienced attorney before entering a plea.
Once you have pleaded, the judge will determine your bail. This is essentially a monetary amount that allows for your conditional release from prison. When you pay bail, it acts as collateral that you will appear for your scheduled court dates. If you fail to appear, the court will keep your money. If you meet all the conditions of your bail, the money will be returned to you after your case has concluded, regardless of the outcome.
While some lower-level crimes have predetermined bail amounts, it is ultimately up to the judge’s discretion to determine how much bail is. The judge will consider matters like the defendant’s criminal history, the circumstances of the crime, and whether or not they have the resources to flee the country when determining the amount.
It is also imperative to understand that even though you are a criminal defendant, under the Eight Amendment of the Constitution, you are protected from excessive bail.
Am I Eligible?
Though the Constitution protects criminal defendants from excessive bail, it does not guarantee that all defendants will receive the right to bail. As such, if you are charged with a crime, it’s important to understand if you are eligible. Typically, any serious, violent felony renders a defendant ineligible for bail. This includes rape, murder, and armed robbery. Additionally, if you pose a risk to the general public because you are charged with terroristic threats or stalking, you will likely be denied bail.
As you can see, this is an incredibly complicated matter. That’s why it’s in your best interest to connect with an experienced attorney who can assist you in these challenging times. At Miller Law Practice, LLC, we understand the complexities of these matters. That is why our firm will do everything possible to assist you during these challenging issues. Not only can we help you navigate the bail process, be we will also work to secure you the best possible outcome for your circumstances. Contact us today for more information.