Something terrible and unforeseen happens and you are arrested for some or other reason. You are shocked and scared. Luckily you do not have to face this situation alone. You are entitled to get assistance and legal advice from an attorney. You do not have to stay in jail and can apply for bail. What does this mean? You do not have to stay in jail until the trial starts and ends when you apply for bail.
The law states that everyone is entitled to submit a bail application. Bail is usually granted to someone who is not a flight risk and can be contacted by the authorities. After paying the bail, the person is temporarily released with or without conditions until the start of the trial.
When can I apply for bail when arrested?
The law states that you must be brought in front of a court within 48 hours after being arrested. You or your lawyer can then apply for bail during the court proceedings. If bail is granted, the bail amount can be paid at the police station or the court. You will receive a receipt, which states your offence and when and where you should appear in court for the hearing. If you cannot afford the bail amount, you can request for a reduction. But if the reduced amount is still unaffordable, you will have to stay in a facility for the duration of the trial.
Can bail be denied?
There are some conditions under which the court will not grant bail to the accused. These conditions are –
- If the accused is considered a flight risk, meaning they have the funds to leave the country to avoid prosecution.
- If the accused are expected to intimidate witnesses or tamper with evidence.
- If the accused is seen as a danger to the public or community.
Will the bail amount be returned to me?
Once the court case is over and the person is found guilty or not, the bail amount will be refunded. They must present the receipt to receive the money. The bail amount will not be refunded if the person misses a court date, do not adhere to the bail conditions or interferes with witnesses. The bail amount will then be rendered to the state.