At any given time, there are almost 2 million people stuck in the criminal justice system somewhere in America. Nearly two-thirds of the jail population is serving time simply because they cannot afford their get-out-of-jail fee.
This fee, known as bail, forces impoverished people to serve jail time even before a conviction. If you need to post bail for someone, keep reading to find out how much it typically costs.
How Bail Works
When an American is arrested, they usually have three options: they can post bail and get out of jail, they can refuse to post bail and stay in jail until their trial, or they can use a bail bondsman to help them post bail and get out of jail.
Bail was created as an incentive for people suspected of criminal actions to show up at their court proceedings. Other criminal justice systems across the world often have some kind of accountability system for citizens accused of a crime.
Average Get Out of Jail Fee
The average bail amount is determined by a few factors, including:
- Age
- Other charges
- Threat level
- Criminal record
- Record of court appearances
The 8th Amendment to the United States Constitution actually protects American citizens from being held in jail under excessive bail amounts. Unfortunately, the Constitution and its amendments tend to be very vague — what exactly is an excessive bail amount?
Of course, the nature of the crime in question is one of the main determining factors in setting bail. Specifically, was the crime a felony or misdemeanor?
Felony Bail
The most severe felony crimes can incur bail in the hundreds of thousands of dollars. These felonies include:
- Murder
- Assault
- Arson
- Kidnapping
- Carjacking
Other factors, like the victims or violence involved, greatly affect how high the bail is set. First-degree murder often incurs the most expensive bail, sitting around $1,000,000. Assault with a deadly weapon, however, may be set around $25,000 if there was no serious violent crime involved.
Misdemeanor Bail
Misdemeanor crimes are less serious violations of the law, but the bail may still be as high as $10,000. Some examples include:
- DUI or DWI
- Simple assault
- Drug possession
- Public intoxication
- Violating a restraining order
- Driving on a suspended license
Some of these offenses may incur a bail of as little as $500, depending on the state where the crime occurred. However, expect it to be a few thousand dollars.
Using a Bail Bondsman
A person who needs help posting a full bail amount needs the financial assistance of bail bondsman services. The bondsman will pay the full bail amount to the court, and in return, will hold onto collateral until the defendant appears in court and the bail amount is refunded.
Posting the Bail
Posting a get out of jail fee involves either collecting cash, writing out a money order, or getting a cashier’s check. If you have the full amount, you can proceed to the jail to post bail. If not, research the bail bondsmen in your area for financial assistance.
Also Read: Things to Consider When Choosing the Right Lawyer for You
