The Bail Equation: How Courts Calculate Bail Amounts

May 09, 2024

Action Immigration

It's estimated that each year there are over ten million arrests in the United States. Once someone goes to jail, whether it's for a robbery or an immigration violation, they'll typically be offered bail.

Bail is a way for arrested individuals to leave confinement while they wait for their trial date. However, the price of bail can vary widely from inmate to inmate.

So how exactly does posting bail work? And how is bail determined by the courts? In this guide, we'll answer these questions so you get a better idea of how much bail you or your loved one might owe. 

How Does Bail Work? 

Once someone is arrested, the judge or agents will set the bail. This isn't possible for everyone. Depending on the crime the individual might be designated a flight risk and be denied bail. 

To be released from jail, the arrested individual or their family must pay the bail. This money is held to ensure that the individual will return for their trial date. If they don't show up, the bail money will not be returned. 

Bails are an effective incentive for getting people to show up. One study found that as many as 88% who post bail show up to their court appearance. In the meantime it allows people to spend time with their family and prepare their case outside of a jail cell. 

Are Bail Bonds Different Than Immigration Bonds?

If you've had a loved one arrested due to their residency status, you might be asked to pay an immigration bond. The only difference between a federal immigration bond and a traditional bail bond is the reason for detention.

Instead of committing a criminal act, the person has been arrested because of their immigration status. Besides that, they operate in the same way. 

How Is Bail Determined? 

Typically, the bail amount is determined by the severity of offense. However, with most immigration cases the crime itself (being an undocumented immigrant) isn't that bad.

As such, the bail will be determined by looking at things like: 

  • The person's criminal record or whether they're a danger to the public
  • Whether or not they're employed
  • Their community standing and reputation
  • Whether or not they have relatives
  • Bail schedules 

Remember that if bail is denied you can always appeal the decision with a judge. 

What Happens If You Can't Afford Bail? 

If you can't afford bail you will likely need to contract a bond service. These companies put forward the bail amount for you. In exchange, you pay them a small percentage of the bail money as a form of collateral.

So what happens if you also can't afford the bond? In these cases, you'll likely need to put forth additional collateral, like a car or house. 

Need Help With Bail? Contact ACTION Immigration Bonds & Insurance Services, Inc.

We hope this guide helped you answer the question, How is bail determined? Here at ACTION Immigration Bonds & Insurance Services, we know that an unexpected arrest can happen at any time.

That's why we're available twenty-four hours per day, seven days a week. What's more, our multilingual staff can assist you even if your English isn't great.

So if you're ready to get your loved one out of confinement, get in touch with us today. 

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