Every convict is innocent until proven guilty. The prosecution has to prove the offense beyond a reasonable doubt. But, the criminal justice system moves slowly. For this reason, it can take a while to resolve the case. If the convict wants to get out of jail, he/she will need to post bail. In this article, I will discuss about Clayton County bail.
What is Bail?
A bail is basically a guarantee to the court that an arrested person will show up for his/her scheduled hearing. By bailing someone out of jail, you actually put up collateral. It is usually in the form of money. This grants the person temporary freedom. If the defendant shows up for the hearing, the person who posted bail will get back the collateral. You can bail someone by yourself, if you have enough money But, if the defendant is accused of a slightly serious crime, then the bail may be set at a high amount. In this type of situation, you should acquire the service of a bail bondsman.
A defendant can be released on two different types of bail. They are:
- Personal recognizance.
- Cash bail.
The Process of Setting Bail
The bail magistrate considers the kind of crime the defendant is accused of and the potential sentence of that crime, when setting the bail. There are also some other determining factors. They are:
- If the defendant is a flight risk.
- If he/she has a board of probation (BOP) or other criminal records.
- If he/she has a history of not being present at the court when they are not supposed to be.
- If the defendant is on probation or parole, or has other open cases.
- If he/she is from the area, or has family in the area.
- If he/she is employed.
- If the defendant’s release will affect the community or the victim, in domestic violence cases.
In case of cash bail, the defendant or his/her surety must pay that amount over to the bail magistrate before he/she is released from the jail. A surety is the person who pays the bail on the defendant’s behalf.
Conditions of Bail
A defendant is released on bail under some conditions. The common conditions are:
- The defendant must agree to come to the court when the case starts.
- He/she cannot contact the victim or any other witnesses.
- He/she should have counseling or medial treatment, if required.
- The defendant must live at a particular address.
- He/she must also regularly to a police station.
The defendant must follow the conditions. Otherwise the police may apply to the court to take away his/her bail. In addition, they will return the defendant to custody.
This discussion should help anyone to get Clayton County bail.