Todays “Ask Grant” question is a popular one that many people wonder about and have asked. Remember if you ever need immediate legal help, or if you have any additional questions contact our office or call us at 505.235.6777.
Here’s this weeks question plus Grants professional opinion on the matter.
Q: Who Can Post Bail For Me?
Almost anyone can post bail for you, but beware! When you’ve been arrested and are sitting in jail, it’s natural to want to do anything you can to get out as soon as possible. Jail isn’t fun, and it’s awful by design. While it’s true that anyone can bail you out of jail as soon as a bond amount is set, this might be a mistake. You may be selling yourself short by falling into the bail trap, and this is also by design. The best thing to do BEFORE you post bond is to talk to an attorney.
The Flawed Bail System
The bail system was set up so that a person who was released from jail could post a bond and this would guarantee that they would show up for their next court date. The problem with jailhouse bail amounts is that the numbers are based on the initial charges that are being filed and don’t take anything else into consideration. This means that these figures are generally very high, and this is the premium that you will have to pay in order to be released from jail quickly.
When you use the services of a bail bondsman to post your bail, it isn’t at no cost to you. You are being charged a 10% premium over and above the amount of your bond. These fees are set by the state and are non-negotiable. For example, if your bail is set at $30,000, your cost to post a bail bond will be $3,000. Waiting just a short period of time could save you a ton of money and bring about some peace of mind.
Benefits of Waiting and Consulting an Attorney
It is almost always best to wait and consult an attorney before posting bail. Your attorney will be able to help you understand your charges and, in most cases, can argue for a much lower bond.
Remember that original bond was set based on the charges that you were booked on. A criminal defense attorney may be able to get some charges dropped and others reduced. What was originally a felony charge could quickly become a misdemeanor. This will have a significant impact on the amount of the bond. Other factors can also be taken into account with your bond as you go before a judge. Your attorney can argue on your behalf and point out such things as standing in the community, lack of criminal history, and family obligations.
It’s always recommended that you consult with an attorney before posting bail. A competent attorney can often assist you in getting charges adjusted, bail reduced, and saving thousands of dollars on your case!
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