How does Bail work?

[pateuvasiliu]

Now, bear with me. When it comes to laws and politics I am clueless/couldn't care less.

But this thing I always see in American shows/films - Bail. How do they explain the necessity of bail?

Someone does some crappy thing and they just PAY their way out to ( temporary ) freedom?

Why does someone that has money gain a legal privilege over someone who does not?

[Kujako]

When you are released on bail, you give the court a chunk of money which you get back when you show up for your trial.

[Deleted]

When you are released on bail, you give the court a chunk of money which you get back when you show up for your trial.

I wanted to explain it to him somewhat similar to how the law describes it, but you did it way better.
+1cookie I guess?

[ADman319]

Now, bear with me. When it comes to laws and politics I am clueless/couldn't care less.

But this thing I always see in American shows/films - Bail. How do they explain the necessity of bail?

Someone does some crappy thing and they just PAY their way out to ( temporary ) freedom?

Why does someone that has money gain a legal privilege over someone who does not?

IT doesn't really matter if u have money or not, bail is set based on someones income level and crime committed. So lets say a murderer will most likely not get bail, while a shoplifter will. When the bail is set you got to a bails bondsman and pay 5% of your set bail they pay the rest, then when you show up for your Cort date the bail bondsman gets there money and keep your 5%. If you don't show for your Cort date then the bail company will send bounty hunters after you and we get to watch it on TV =D

[pateuvasiliu]

When you are released on bail, you give the court a chunk of money which you get back when you show up for your trial.

The court is still releasing a potential dangerous person for money. I still find no sense in that.

[Kujako]

The court is still releasing a potential dangerous person for money. I still find no sense in that.

If the judge thinks they are potential dangerous, a flight risk, etc, they do not get let out on bail.

[Orange Joe]

The court is still releasing a potential dangerous person for money. I still find no sense in that.

Innocent until proven guilty.

[Raphtheone]

Bail is set depending on the individuals wealth to "ensure" the person attends court, so (s)he can get the money back. Breaking any bail conditions are seen as separate crimes, and the bail can be revoked.

[ADman319]

The court is still releasing a potential dangerous person for money. I still find no sense in that.

People who are deemed to dangerous for the public don't usually get bail

[Endus]

The court is still releasing a potential dangerous person for money. I still find no sense in that.

The decision as to whether to allow bail is set by determining what risk there is of further offenses, or flight. If you're a recent immigrant who was knifing random people, no bail, because you'll probably just knife more people and flee the country. A local business owner who killed his wife in an argument, though, isn't likely to kill anyone else (since it was a crime of passion), and he's tied to the community, so setting bail makes sense.

Imprisonment prior to trial isn't about punishment. It's just about ensuring you get to trial, or that you're so dangerous they can't risk letting you back out if you are the guilty party.

They aren't "releasing" them. They're still obligated to show up for trial, can't leave the city, and have a significant bail bond up to prevent them fleeing.

[torment3d]

The idea is not that the court is being greedy and just letting people out of jail to make money, guy... The court is holding COLLATERAL to ensure that you return for your trial and sentencing. Like others have already said, not everyone can just get out on bail, if you go rape someone, you're not getting out. If you're a flight risk, you're not getting out. Even being from another country is grounds to be considered a flight risk. To be clear, anyway, all of the money gets returned back to you when you go to trial unless you run off. The bail bondsmen typically offer a service to people that need bail and do not have the large amount of money. Typically the court will set bail for a citizen of average wealth anywhere between $1,000 and $100,000 depending on the severity of the crime. Bail bondsmen offer a service where, for 10% of the bail amount, they will put up the full bail. When the money is returned, they simply keep the 10% you paid. It is often the only way to afford bail for many people. If you pay a bondsmen and then skip out on your trial, they cannot collect their money... and chances are they come find you and break your fucking legs.

[Kujako]

Look at it this way. It costs a lot to keep people in jail. Why should the tax payers spend that kind of money to keep a person accused of a minor crime locked up when they could just be released on their own recognizance with a bit of bail money put up as collateral? They get to sleep at home, they get to stay out of jail (important since they've not been found guilty of anything yet) and we as a society save some money. Seems like a good plan.

[stabetha]

as far as I know you can't pay your own bail either, someone else has to then they are responsible to get you to court or they don't get their money back. at least thats how it worked for me. I got caught with several hundred dollars on me and couldn't pay it myself.

[Al Gorefiend]

The court is still releasing a potential dangerous person for money. I still find no sense in that.

Paying bail means you're released from jail, but still have to appear in court. Generally people pay bail or find a bail bondsman (That is, a public service where you basically take out a loan for your freedom) so that they don't lose their job/don't miss a party/are terrified of jail.

Now, if a person posts bail, they'll get it back or at least a chunk of it back when they show up for their trial (think of it as a deposit on an apartment) If they fail to appear in court, the court keeps the money and issues a warrant for another arrest (Also if someone paid the bail, such as a friend, you just lost a friend no doubt).

[vindicatorx]

The court is still releasing a potential dangerous person for money. I still find no sense in that.

The reason for this in the US you are innocent until proven guilty. Unless the crime you are being accused of committing is extremely bad or you are a potential flight risk you can have temporary freedom until you are found guilty.

[Al Gorefiend]

as far as I know you can't pay your own bail either, someone else has to then they are responsible to get you to court or they don't get their money back.

You can pay your own bail with a bail bondsman. In some states you can even request going to an ATM before being sent to jail.

[Kujako]

as far as I know you can't pay your own bail either, someone else has to then they are responsible to get you to court or they don't get their money back.

That varies from state to state (and perhaps even county to county). In most cases, if you have the money on you at the time, you can pay it yourself. Otherwise someone needs to come and bail you out of jail. Of course this is talking about minor offenses where there is no post-trial court date to set the bail amount of any. In the later case, it gets more complicated.

[stabetha]

You can pay your own bail with a bail bondsman. In some states you can even request going to an ATM before being sent to jail.

maybe it was just in the state I was arrested in, also might have been because it was for a failure to appear.

[golds]

yes. bailbonsmen have bounty hunters. people like dog the bounty hunter haul their ass back to jail if they dont how up for court

[lockedout]

Bail is set depending on the individuals wealth to "ensure" the person attends court,

Where does this happen?

If you choose a bail bondsman you pay 10% of the actual bail and he puts up the entire amount.
You however do not get the money back.