Understanding how arrest warrants and bail work can be crucial when you or someone you care about faces potential arrest or is being held in jail awaiting trial. The warrant and bail system balances the government's interest in ensuring defendants appear for court against the fundamental principle that people are presumed innocent until proven guilty. Knowing your rights and options helps you navigate these stressful situations more effectively and make informed decisions about how to proceed.
Types of Arrest Warrants
An arrest warrant is a court order authorizing law enforcement to take a specific person into custody. Warrants are issued by judges or magistrates based on sworn statements establishing probable cause that a crime was committed and that the named person committed it. Arrest warrants differ from bench warrants, which are issued when someone fails to appear in court or comply with a court order.
Search warrants authorize police to search specific locations for specific items but do not themselves authorize arrest. However, if evidence of a crime is found during a search, arrest may follow. Understanding what type of warrant is at issue helps you know what to expect and how to respond.
What Happens During Arrest
When police execute an arrest warrant, they take the named individual into custody. You have the right to remain silent and should exercise this right until you have an attorney. You have the right to an attorney, and if you cannot afford one, one will be appointed. Anything you say can be used against you, so remaining silent is generally advisable.
After arrest, you will be booked, which involves recording personal information, taking photographs and fingerprints, and inventorying personal belongings. You will typically be allowed to make phone calls. The booking process also involves an initial determination about whether you can be released before your first court appearance.
The Bail Process
Bail is money or property deposited with the court to secure release from jail while awaiting trial. The purpose of bail is to ensure the defendant returns for court appearances, not to punish someone who has not been convicted. The Eighth Amendment prohibits excessive bail, though what constitutes excessive depends on circumstances including flight risk and danger to the community.
Bail may be set according to a schedule based on the charges or determined by a judge at a bail hearing. Factors considered include the seriousness of the charges, criminal history, ties to the community, employment status, and past failures to appear. Some offenses may be non-bailable, particularly certain serious felonies.
Types of Release
Several forms of pretrial release exist beyond traditional cash bail. Release on personal recognizance allows defendants to go free based on their promise to return for court without posting money. This is typically available for less serious charges and defendants with strong community ties and no significant criminal history.
Cash bail requires depositing the full bail amount with the court. Bail bonds, obtained through bail bondsmen, require paying a non-refundable premium, typically ten percent of the bail amount, and the bondsman posts the full bail. Property bonds use real estate as collateral. Understanding these options helps you choose the most practical approach for your situation.
Using a Bail Bondsman
Bail bondsmen provide surety bonds that guarantee the defendant's appearance in court. You pay a non-refundable premium, usually ten percent of the total bail amount, and may need to provide collateral. The bondsman posts the full bail amount with the court and is responsible for ensuring you appear.
If you fail to appear, the bondsman may send recovery agents to find you and can forfeit your collateral. Read any agreement carefully before signing and understand all fees and obligations. While bail bondsmen provide a way to get out of jail when you cannot afford cash bail, the premium paid is not refundable even if charges are dropped or you are found not guilty.
Conditions of Release
Release from custody often comes with conditions beyond simply posting bail. Common conditions include travel restrictions, no contact with alleged victims, surrender of firearms, drug testing, electronic monitoring, and check-ins with pretrial services. Violating conditions can result in bail revocation and return to custody.
Take conditions seriously and comply fully. If circumstances make compliance difficult, ask your attorney about modifying conditions before violating them. Courts view condition violations seriously and may deny future bail or impose harsher conditions. Understanding and following all conditions protects your release status.
Outstanding Warrants
If you learn there is a warrant for your arrest, consulting with an attorney before turning yourself in is generally advisable. An attorney can arrange a controlled surrender, potentially schedule a bail hearing for the same day, and ensure you are not held longer than necessary.
Ignoring warrants makes the situation worse. Warrants do not expire and may appear during routine traffic stops or background checks. Addressing outstanding warrants proactively demonstrates responsibility and may result in better treatment by the court. Running from warrants compounds legal problems and adds potential charges.
Getting Legal Help
Navigating warrants and bail without legal assistance is difficult. A criminal defense attorney understands the system and can advocate for release, reasonable bail amounts, and appropriate conditions. Many attorneys offer consultations for warrant and bail matters, and public defenders are available for those who cannot afford private counsel.
If a loved one is arrested, an attorney can help arrange bail, appear at hearings, and begin building a defense. Acting quickly after arrest helps ensure the best possible outcome at the bail stage. The decisions made in the first hours and days after arrest can significantly affect the entire case.