Businessman's hand with handcuffsWhat happens if you were accused of a crime and want to be released? You may have a chance through something known as bail, which is being released from prison in exchange for money. If you have been accused and you attend all of your court hearings, the good news is that you can receive back your bail money. However, you may find that bail is forfeited the moment you miss a court hearing – so make sure that you are able to make every single one!

When Bail is Not an Option 

In some cases, you may not have the opportunity to make bail for your crimes or will see a higher paying than other criminals. The specific amount that you will have to pay honestly varies from court to court, and is influenced by a number of factors. Some of these factors include the seriousness of the crime, your past criminal record, the likelihood that you will flee the area to avoid trial, and your financial resources. However, you have some protections, as the Eighth Amendment bars excessive bail fines and makes bail reasonable to some extent.

However, there are many cases in which a defendant may not be able to apply for bail. What happens if you have made threats or assaulted someone and you could still be a threat to that person? You may not have the opportunity. Some of the reasons why you may be held without bail include the following:

  • Believed to be a threat or danger to the community
  • Has a chance of avoiding trial by fleeing
  • Being charged with a serious or violent crime
  • Being charged with a crime punishable by life in prison or death
  • Being charged with a specific drug-related crime
  • Having a reason to obstruct justice
  • Being a repeat felony offender


If you are being held on any sort of bail, you have the right to be brought into court every 30 days. This, however, is every 15 days if you are a juvenile. You should note that this does not mean that you can only be held for 30 days without bail. You can actually be held without bail for as long as it takes to complete your case. If there have been circumstances in your case that warrant it, your attorney will help you readdress the issue of bail to get you the answer you have been waiting for.

Setting Bail: Is it for me?

You may wonder if the bail process is for you, depending on the circumstances surrounding your case. Even though there are Eighth Amendment rights to an affordable cost of bail, judges will still sometimes use excessively high bail amounts to prohibit an arrested individual from getting out of jail. If you think that it fits your financial situation and that you have the ability to make it work depending on your crime, you can speak to your lawyer about options.

Call us today at The Law Office of Peter Blair for more information on bail and when it is right for you. We are here for you throughout the entire process.