What Happens When You're Arrested and Need Early Release from Jail

Posted on: 8 November 2019

While you may try your best to be an upstanding citizen, a day may come where you are arrested and being held in jail. You'll want to be prepared for what will happen to you and how you can get released for your upcoming court date. Here is the process for how it will all happen.

Your Arrest

Everything starts with being arrested. The police officer will only arrest you if they have some sort of probable cause, meaning that they think you committed a crime. If this happens, you'll be taken back to the police station for processing. You'll then stay in jail until your arraignment. This typically happens within a day but it can take several days depending on your city and how busy the courts are at the moment.

Your Bail Hearing

Part of your arraignment is finding out if you will be eligible for bail. This will depend on the crime you are being accused of, your previous criminal history, and how much of a threat to the community you potentially are. A judge can set a very high bail amount to discourage your release from jail or to release you on your recognizance. The latter means that the judge feels that you are not a flight risk and believes you will show up to your court date.

Your Bail Posting

You have a few options for posting bail to get out of jail. Some people can post bail themselves by using money in their own savings account or use an asset that is worth the bail amount. If you don't have the cash available, you have no choice but to ask a friend or use a bail bonds service. A bail bonds service can give you the cash you need for bail but charge you a premium for using their services. Think of it as a very risky short term loan where the premium that you pay is the loan's interest. You won't be able to get the premium back and could potentially lose any collateral that was necessary to receive the bail bond if you do not show up in court.

Your Court Date

You will remain free until you show up to court where you'll have your chance to prove your innocence. Once a judgment has been made, you will be free of any obligations to the bail bonds service and will receive your collateral back.