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Bail as a Judicial Right

Bail as a Judicial Right


Bail is the legal right of a person who has been arrested. This is the temporary freedom that is provided by depositing the bail bond for those who spend their time in jail before they have been sentenced. It is a provision that ensures that a person does not have to spend any more time in judicial custody than required.

If the defendant has not been determined to have actually committed the crime, pre-trial detention may mean the imprisonment of an innocent person. This right is an arrangement that prevents this interruption of justice.

The responsibility of the release is taken by the bail bondsman who provides the bond for the release. This also means that in case the accused does not make a court appearance on an appointed date, the bondsman will have to forfeit the total amount.

Amount of the Bail Bond Money

The amount of the bail bond money varies. There is a schedule that has been established and reviewed annually by judges of the senior courts, which defines the bail-amounts for different crimes. This schedule is applicable nationwide and the judges who decide on the bail amount for the release of an arrestee abide by this.

The amount depends on the degree of criminal charges that have been made against the defendant and also his/her past record. In case the charges are of a higher degree, then the bail bond amount is high and the co-signor might have to offer collateral to cover the bail amount. This is in case the accused jumps bail.

It’s an Important Right

However, the bail offers an accused the opportunity to secure freedom from judicial custody before the court sentences him (in case he/she is found guilty) or releases him/her of all charges levied. The bond plays a major role and gives such an individual the time to be with family, seek assistance from the lawyer, and help develop a defense against the charges levied on him/her.

The time before the trial is not supposed to be spent in the prison if the judiciary deems it fit to release such a person. However, the bail can be denied in case the offender is considered to be a threat to the community. This is true in the case of violent crimes.

The bail is a provision as per the right of equality where the accused is given an opportunity to prove his/her innocence. This also prevents any detention that is not required. This is why there are so many bailbond services.

Bail as a Judicial Right