Posting Bail: How Does It Work?

If you are arrested for a crime, you can still be released while investigations are ongoing. If you are charged, you can be released on bail if the infraction is a bailable offense. It is a temporary state of freedom from incarceration until the case is resolved.

If you commit a crime and get arrested, the crime or infraction will fall under either of these two classifications: bailable and non-bailable offense. Bail, specifically the amount of bail required, is decided by a judge.

What Is a Bailable Offense?

A bailable offense is where the defendants can secure release after the payment of bail as approved by the court. If you commit a crime that is regarded as a bailable offense, you can be detained or arrested without the warrant by the apprehending officer, or brought to court.

You are under the custody of a police officer during the proceeding at the bail court and may be released on bail after approval by the court. The judge or officer of the court, when he deems fit, can release the offender on a personal bond without the need of any surety. If the offense is bailable, the arrested individual must file a bail bond, and no further application is needed.

What Is the Bail Amount?

gavel and money bail concept

The amount of bail paid works as an assurance or collateral that insures that the defendant will not abscond and will make himself available to law enforcement authorities for the continuing investigations and will appear to the court for trial.

Bail as a Right

The accused person has the right to be released on bail if the case falls under the bailable offenses, and it must be done in a timely manner so long as all requirements for your bail have been fully met. The authorities cannot refuse your release from detention or custody once these conditions have been met.

The authorities or police that come at the private place of any person to break up a party or bust is common practice. Police can enter the residence to search and seize any illegal articles connected to an offense. In this case, the police can come into your home if they have the basis to suspect that a crime is being committed and they have the evidence of the same.

In this case, you can complain and ask the officer:

  • In what authority or order they have come
  • If they have a search warrant to search your home and if there is, they must search your house in your presence
  • If they decide to take or seize anything you own, make sure you have a record of exactly what they are taking and sign a legal document to that effect

Generally, bail bonds can be issued for crimes that are not serious in nature. Bail bonds in Wake County, North Carolina provide that bail is a person’s right, and the arrested individual must be released after providing bail.

The moment bail is granted, it does not automatically mean that you are free from the criminal offense, however. You will remain a suspect and must appear before the court for any trial, which will eventually determine your criminal guilt or participation.