When someone commits a crime and is arrested, their offenses may either be a bailable or non-bailable crime. The judicial system already has determining factors of what institutes a crime to be bailable or non-bailable. It’s not up to the judge to identify, but bailable cases can be decided upon the consideration of a judge.
Indeed, the justice system can be broad, deep, and (sometimes) confusing when it comes to provisions and rules, but don’t worry. We have provided below a simplified guide to help you comprehend this topic better.
Offenses That are Bailable
When an individual commits an offense that is bailable, they can be arrested by a police officer without a warrant and need to stay in police custody until the issuance of the bail. If the court thinks that the arrested individual is fit for bail, they will then be released using a personal bond without sureties. They will only need to file bail bonds without any required application. Make sure to check with your state, however, as there are many specifications. For instance, laws on bail bonds may be different in Gastonia, North Carolina as compared to Austin, Texas.
Who Grants a Bail?
The cop in charge has the authority to grant an arrested individual a bail if they think it is a good idea to do the release temporarily while they investigate the crime further. This can happen when the safety of the suspect is in jeopardy. They’ll be in jail custody and placed in either house arrest or hospital arrest and will have to wait for their scheduled court hearing.
What Exactly is a Surety?
A surety is a person chosen as the assurance who will pay the Court the total money that is required. This applies if and only the defendant does not follow through on the bail conditions, for example, failure to attend court hearings. A surety can be someone else that is related to the defendant or it can be part of certain insurance.
Non-Bailable Offenses
If a person committed an offense that is not bailable, such as drug trafficking, then the decision will solely depend on the court whether they would grant or refuse bail. In the case that a non-bailable crime suspect is not granted a warrant or subjected to trial other than the Court of Session or High Court, then temporary release on issued bail is possible. On the other hand, if the perpetrator is proven guilty of a crime that is punishable by imprisonment for life or death, then they are muted out to the rights of bail.
Certain Restrictions on Issuance of Bail
There are several crimes like terrorism, rape, and murder that will never be granted bail. In addition, if the defendant committed another crime while under bail, they won’t be allowed to have another bail approved on the second crime. Bail restrictions are also being imposed on Class “A” drug users. These are offenders who are charged with possession or intent to supply dangerous drugs, and the courts believed that the offense was triggered by drug use while the defendant refuses any rehabilitation.
Bail offers a chance for the accused to have short-term freedom before their court trial. However, due to reasonable restrictions, this opportunity can’t be given to everyone. If you’re still confused with regards to bail bonds, contact legal professionals and seek a further explanation about the particular acts that apply.