When your best-laid plans go sideways and you get arrested, you must act fast to secure your release. Otherwise, you could remain behind bars until your case goes to court. That’s where bail comes in (more on this below).
Connecticut Bail Bonds Group is a professional entity providing the state’s residents with top-tier bail bond services. They understand that being arrested can be a very stressful experience, and they are dedicated to helping their clients through every step of the process.
Even so, not everyone is on board with the bail system. In today’s write-up, we’ll examine why some people want to get rid of bail and how the system currently works.
How Bail Works
In short, bail is a form of collateral or guarantee paid to the court to secure your release from jail. It also serves as a way to ensure you will appear for your scheduled court date. The amount of bail is set by a judge during your bail hearing. Usually, they base it on several factors, including:
- The severity of the crime – nature of the offense
- Your criminal history
- Whether you are considered a flight risk
- Your health history, including the history of substance abuse
The bail amount is payable to the court in cash, a check, or a money order. If you don’t have the full amount, you can work with a bail bond agent who will post the bond on your behalf. In exchange for their services, you pay them a fee (usually 10-15% of the total bail amount), although this varies by state.
If you attend all of your court appearances, the bail will be refunded at the end of the case – to you or the person who posted it on your behalf. But if you don’t show up, the court will keep the bail (meaning you’ll forfeit it) and issue a warrant for your arrest. And that’s not the end of your woes – you may have to pay additional fines and fees.
This arrangement seems pretty straightforward, right? But remember, some people don’t have access to bail. And therein lies a significant problem (as you’ll find out below).
Reasons Why Some People Want to Get Rid of Bail
It’s an open secret that our bail system is far from perfect. As such, it’s no coincidence that some people want to see it abolished. Some of the reasons for this include the following:
- It mainly impacts low-income people – One of the most glaring issues with the bail system is that it disproportionately affects people with low incomes. If you don’t have the money to post bail, you’re stuck in jail until your case goes to court (which could be weeks or months). This can lead you to lose your job because you can’t show up for work. Plus, you might have to rely on a bail bondsman, which can be expensive.
- It keeps people in pretrial detention – Bail ought to ensure people appear for their court date. Sometimes, bail is used to keep people in jail even if they haven’t been convicted of a crime. That’s because some judges set bail at an amount defendants can’t afford, knowing they’ll have to stay in jail. This goes against the presumption of innocence, a cornerstone of our justice system.
- Bail can lead to plea bargaining – Facing the prospect of remaining in jail until their court date, some people opt to plead guilty to a crime they didn’t commit, if only they can get out. This doesn’t work out well for them or society at large.
- It can result in racial bias – Studies have shown that race often influences bail decisions. For example, one study found that Black defendants in New York City were twice as likely as white defendants to be denied bail.
- Bail does not guarantee public safety – Some opponents of the bail system argue that it’s not an effective way to ensure public safety. After all, if someone is truly a danger to society, they shouldn’t be out on bail in the first place.
- Paying bail does not ensure appearance in court – Despite what you might think, paying bail does not guarantee a person will appear for their court date. In fact, people released on bail are no more likely to show up for court than those held in jail. This defeats the purpose, right?
The bail system is far from perfect, as the arguments above illustrate. But by understanding how it works, you can at least be aware of its shortcomings and speak out against them. Until such a time when reforms take effect or legislation does away with bail entirely, we’re stuck with it. Thus, it pays (no pun intended) to stay in the know.
