What happens after bail is granted? You may wonder how it will happen if you don’t follow your bail conditions, if your surety doesn’t pay your bail, or if you walk out of court without appearing. Here is some information to help you navigate this process.
Violation of Release Terms
Once bail is granted, a person is released on the condition that they comply with all conditions imposed by the court. Violations of these conditions could result in the person being arrested again and sent back to jail. Some of the conditions may be simple, such as abstaining from drugs or alcohol, and others may be more specific, involving the crimes for which the person was arrested. If a person does not obey the conditions of release after bail Lancaster, PA is granted, the court will charge them with a criminal offense. Failure to appear in court can result in jail time of up to one year, a fine of up to $2,000, and a warrant for arrest. Fortunately, such punishments are rare. Instead, a person can get out of jail based on the severity of the crime and the condition they violated.
Surety’s Failure to Pay Bail
If a surety fails to pay the bail after it is granted, the District Court may issue a warrant for committal. The warrant gives the guardians of the peace the authority to commit a defendant to prison. Contact the court office that dealt with the case to learn more about bail. If a surety fails to pay the bail after it is granted, you may want to consider a different form of security, such as a post office or bank deposit book.
In some states, if a surety fails to pay the bail, the defendant can go back to jail. However, if the surety does not fail to pay the premium, the judge may remand the defendant back into custody. In such a case, the defendant must pay the bail bond company a nonrefundable premium. Often, the fine is not refundable, but it can still be recovered.
If Defendant Walks Out of Court
What happens if a defendant walks out of court after being granted bail? First, a judge will decide whether setting bail will increase a person’s chances of returning to court. If a person is at high risk of fleeing, the judge may require them to report to an alcohol education program or to wear an electronic monitoring device while in jail. If the person does not return to court, they could be charged with a new crime. If the person does not return to court, their bail could be revoked and a new bond imposed.
If a person does not show up for the arraignment, they may receive a special hearing to determine whether the charge is credible and whether the defendant can afford the bond. If the defendant does not pay the bond, the judge may remand them to custody with the U.S. Marshals. It is costly and can cause the defendant to lose their freedom. During this time, a judge must consider the evidence that links the person to the crime to determine whether they can afford to pay bail.
Being Convicted of a Crime While on Bail
Defendants do not receive their bail money until their case is resolved. Bail bonds are usually 3% of the total bail amount, and the government mails the money to the person who paid them. Once a defendant fails to appear in court, their bail is forfeited, and the bail bond company will seek reimbursement from the defendant or seize their collateral.
In most cases, defendants are not granted bail for crimes they have been convicted of. But in many states, bail is allowed for minor crimes with short sentences. Many jurisdictions require that the defendant be released on bail if the jail sentence is shorter than the time they have to file an appeal. After all, if the defendant loses their appeal, they could still win it and avoid being sentenced to jail time. However, there is no presumption of innocence after a conviction, and the defendant must prove that the bail amount is appropriate and reasonable.