What to Do When You Need to be Bailed Out

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Monday, July 16, 2012

Leonardo Angiulo, GoLocalWorcester Legal Expert

The phone call home for bail money is probably one of the toughest ones to make. There is nothing like knowing something has gone terribly wrong, you may or may not be responsible for said wrong, and there is nothing to do at that moment but find someone to post bail for you. The good news is that if the figure is low enough and the hour is late, your mom, dad, significant other or sibling might have the cash on hand because you can't throw bail with a personal check.

Here's the scene: you got arrested, you're sitting at the police department, and it's 3 AM. After booking, you go back to the cell and you wait for the bail clerk to come through the station. When they do, they consider the allegations against you as well as the potential of you fleeing the jurisdiction and a bail gets set. With any luck, you can get released the same night on personal recognizance. Some people, however, find themselves in more difficult and expensive situations.

If you are able to make bail the night of your arrest you will be given a date to appear at the local courthouse. This is your arraignment date and will be written on your recognizance form you receive after you post your initial bail. You need to ensure you appear at arraignment because one part of arraignment before a judge is another bail hearing. The figure set by the clerk can go up or down and your ability and willingness to bring yourself to court is an important part of whatever figure the judge sets for you. Not only can a judge set bail, but they will often impose conditions of release while out on bail.

The amount of bail is not meant to be pulled out of the air and, while judges ultimately make a decision, any figure set is based on statutory guidelines. At arraignment, counsel for the defendant and a prosecutor argue to the court as to what a bail amount should be. That argument is based on the provision of Massachusetts General Law chapter 276, section 58 and focuses on things like ties to the community, lack of prior default warrants, the nature of the offense, employment history and family involvement among others. If there is a question of bail, and a person hasn't had the opportunity to get their own lawyer, one will be appointed by the court.

As you can imagine, when people are accused of more serious offenses, bail can be set fairly high. High enough that ATMs do not distribute the necessary figure. It might take a few people contributing to meet the amount and it might require some time to get the money together. In such an occasion, you may not have the money ready just after arrest or even at the arraignment. It's important to remember that there is not opportunity lost here, you can post bail at any point during a case. If, however, you do not post bail at the beginning, you may be posting bail at the House of Correction. In Worcester County, clerk magistrates appear at regular times to receive bails and a quick phone call to the Sheriff's office can help you with the logistics of that.

Sometimes a person's bail gets set by a District Court at a level that their family or friends have no hope of meeting. Having an attorney involved at these early stages is important because, while this is a difficult situation, there are things that can be done. In certain circumstances, a bail appeal at the Superior Court can result in a lower bail and an opportunity for release. What constitutes the right circumstances is the kind of thing that a knowledgeable lawyer can advise you on.

Now, if you were the person getting that late night phone call, you might have some questions of your own. You might want to know if you get your money back. The answer is that it depends on whether or not the person you threw bail for shows up to court when they are supposed to. If they fail to appear, the bail may be forfeited and you may be out of luck. The follow up, of course, is when do you get the money back. Bail monies get returned by the court where the party was arraigned only after the case ends.

The bail process is just one aspect of the criminal process but, for the accused, it is a very important part because it is how you get your freedom. If you are the person working on the outside to organize the money and figure out how to post it remember that it can be confusing and frustrating but you are doing something very important. While running around town carrying large sums of money can be uncomfortable, just imagine the discomfort of a jail cell. 

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