The legal system is built upon the idea that an accused person is innocent until proven guilty. That means that defendants have the right to freedom while they await their trial. To ensure that the defendant appears in court when the time comes, the legal system requires that they provide a security. Bail is a given assurance that a defendant will personally appear in court when called upon to appear.
With a few exceptions, a person in custody who is charged with the commission of an offense is entitled to bail before conviction.
Bail is purposely set at an amount that ensures that the defendant will attend the trial, for the safety of the community as a whole. If the defendant fails to appear in court at the appropriate time, the bail is forfeit.
There are several types of bail that a defendant can seek:
- Bail bondsman, a person who will put forward the bail amount for a smaller payment from the defendant.
- Property bonds, an assurance made with property.
- Personal surety, an assurance that a third party makes on behalf of the defendant.
- Cash bond, a cash deposit given to a legal clerk.
- Release on defendant’s recognizance, the personal assurance of the defendant.
Certain circumstances will prevent a detainee from being allowed to post bond, such as parole or probation holds or domestic abuse charges requiring a particular hearing before bond can be set.
In the unfortunate event that you or someone you know has been arrested and/or charged with a criminal offense and is in need of information regarding bail or representation, give my office a call at (337) 234-3330. We’re here 24 Hours a Day, 7 Days a Week.
Don’t Gamble on Your Lawyer.