Did you know that the United States incarcerates more people than any other nation? Indeed, on any given day, its places of incarceration hold nearly 2 million people daily. These include jails, prisons, correctional facilities, and detention centers, to name a few.
That figure shows how people in the U.S. are more likely to get locked up than individuals in other countries.
Still, that doesn't mean getting out of jail is no longer an option for those incarcerated. Indeed, about 650,000 people get released from U.S. prisons yearly.
So if you ever face a possible arrest, it pays to know how to get out of jail quickly.
Below, we've rounded up the top options and what to do if you go to jail, so read on.
Know And Understand Your Rights
In the U.S., an estimated 1% of people locked up have had false convictions. So if you get arrested under such circumstances, the first thing you may want to do is to resist.
Don't resist the police officers, even if you believe it's an unfair or a false conviction. However, you should know, too, that the police can't use excessive force during an arrest. Doing so is a violation of the Fourth Amendment of the U.S. Constitution.
If you've been a victim of excessive force, you may be able to sue the arresting officers. Depending on the case, you may even have a viable lawsuit against the municipality they work for.
Another crucial step during an arrest is to let the officers know you wish to remain silent. Then, ask for a lawyer immediately. If you can't afford one, tell the police officers you need to get in touch with a free one.
While waiting for your lawyer, remain silent and don't sign anything. You have every right not to answer the officers' questions. You don't have to provide an explanation or an excuse, either.
It's also your right to make a local phone call; you can use this to contact your lawyer. If you do, the police can't and mustn't listen to your conversation. However, they can if you call anyone who isn't an attorney.
Post Bail
The fastest way for a defendant to get out of jail is to post bail.
According to the folks at bail2go.com, bail is the amount a defendant must pay to get released from custody. Contrary to popular belief, it's neither a fine nor a punishment. Its sole purpose is to ensure a defendant appears in court for all pretrial hearings and trials.
The Eighth Amendment of the U.S. Constitution prohibits excessive bail amounts. This means the justice system can't use bail to raise money for the government or to punish suspects.
Many states also have constitutional or statutory guarantees on bail-setting schedules. For example, most require judges to set bail amounts 48 hours after a defendant's arrest.
Defendants who post bail get their money back once their trial is over. In some states, a processing fee gets deducted from the initial bail amount.
Determining Bail Amount
Judges determine bail amounts during an arraignment, a formal court hearing. This is when a defendant makes their first court appearance. During this time, the arrested individual also hears the alleged charges against them.
Judges set bail amounts based on many factors, such as the risk of a defendant fleeing or the alleged crime. They also consider how dangerous a defendant may be if released to the community.
However, judges aren't available 24/7, so some people thrown behind bars may have to wait for over a day to see a judge.
Fortunately, that's no longer the case with many U.S. jails. They now implement a standard bail schedule.
A bail schedule lists bail amount recommendations for various charges. These include common offenses, such as drinking and driving and drug possession.
Bail amounts are often lower for first-time offenders. For instance, a first arrest for drinking and driving can cost anywhere from $100 to $2,500. From there, it can go up several times for succeeding arrests.
On the other hand, more severe crimes and felony charges have higher bail amounts. For example, a DUI resulting in injury may have a bail amount of at least $20,000.
How to Post Bail Yourself
If the reason for your arrest is in a bail schedule, you can post bail yourself. However, you must usually pay the entire amount in cash. Still, if you have the means to do so, this is your best and quickest option to get out of jail.
Some correction departments in some U.S. cities allow defendants to pay online. An example is the New York City Department of Correction. In this case, you can pay your bail online from your phone or tablet while still in a DOC facility.
If your bail isn't in a schedule and, you don't want to wait for your arraignment, you may get bail through a duty judge.
A duty judge is usually responsible for ruling pretrial matters. So, they may determine your bail amount in a phone hearing instead of in court. As a result, you don't have to wait for your arraignment to learn how much your bail is.
Have Your Family Post Your Bail
If you can't post bail yourself, you can call a family member or a friend to do it for you. They can then pay the total amount on your behalf.
Your family or friend can post your bail by going to the detention facility you're in. They can then pay the amount in cash. Alternatively, they can do this by making the payment online.
Contract With a Bail Bond Agent
If you, a family member, or a friend can post your bail, great. But what if not, because the police arrested you for a felony, the bail amount of which averages $10,000? You're not alone; of the over 400,000+ people detained pretrial in the U.S., many sit in jail as they can't afford to post bail.
In that case, consider working with a bail bond agent to arrange your release
.
What Is a Bail Bond Agent?
A bail bond agent, also known as a bond`s person, provides bonds for defendants who can't post their bail. They usually work for bail-bonding businesses.
Bail bond agents serve as sureties in court. This means they assume direct liability for a defendant's bail obligation. In short, they pay the bail amount in full on behalf of the defendant.
How Much Do Bail Bond Services Cost?
In exchange for acting as sureties, bail bond agents charge a non-refundable fee. It's typically 10% of the bond amount, although a few states have set lower caps. This fee represents the agent's compensation for paying the entire bail amount.
You may have to pay that fee upfront, depending on the bail-bonding company you choose. For example, if your bail amount is $5,000, and the fee is 10%, you must pay the company $500 immediately. That's a lot less than you'd otherwise pay out-of-pocket, but it's still a hefty price.
Other bail bond agents charge their fees after recovering the money they paid to post bail. This happens at the end of the defendant's trial, regardless of a guilty or not guilty verdict. These service providers are your better option than those charging upfront.
Alternatively, you can contract with a bail-bonding company offering payment plans. They usually provide their services with no collateral and flexible repayment plans. If you're eligible, you may be able to make your repayments in installments.
Can Anyone Use a Bail Bond Agent?
No, because several U.S. states prohibit commercial bail bonding. These include Illinois, Kentucky, Oregon, and Wisconsin. In these states, defendants can get released by paying only 10% of their total bail amount.
Even in states that allow commercial bail bonding, not everyone can qualify. This is because bond companies are just like lending institutions. For example, they approve or deny requests based on credit scores and employment.
Bail bond companies also consider the following when deciding whether to act as a surety:
• Client's length of residency in the state
• Defendant's criminal history
• Nature and severity of the alleged crime
That said, a bail bond agent may deny your request if you don't have a job or have a poor credit score. On the other hand, they may come to your aid if you have a stable job and have no prior criminal record.
Request an OR Release
OR stands for "own recognizance."
An OR release is a no-cost bail. If you're eligible for this, you only need to sign a written promise to go to all your court hearings and trials.
Eligibility for an OR release still depends almost entirely on a judge's discretion. For example, the judge handling your case will likely look into the following factors:
• Your personal history
• How long you've been a resident of your community
• Your employment history
• Support from your family members and friends
So, for example, let's say you have a clean record (no prior law violations, charges, etc.) and have a steady job. You've also been living in your community for many years with your family. Your family and friends also believe you're innocent.
In that case, the judge may regard you as a person with a low risk of fleeing. If so, you may be eligible for an OR release.
Consider requesting an OR release if your situation is similar to the above. That way, you don't have to post bail, which, if scheduled, is non-negotiable. However, your OR release can take a few days, and there's a chance the judge may not grant your request
.
Ask for a Third-Party Surety Release
This is an alternative to an OR release, in which a "third-party signs" with a defendant. Like an OR release, it doesn't require a cash payment. However, the third party usually must own valuable property, such as a house.
The judge may or may not place a lien on the property, depending on the circumstances.
If you're eligible for a third-party surety release, consider calling a family member. Just remember that you must go to all your scheduled court appearances. Failure to do so can result in their property's forfeiture.
Convince the Judge to Lower Your Bail Amount
Even if you can't obtain an OR release, you can try convincing the judge to lower your bail amount. If the judge agrees, it can be easier for you to post bail and get out of jail sooner.
However, it's best to retain an attorney to aid you in curating a strategy to persuade the judge. Remember: If you can't afford a lawyer, you have the right to a free one.
Pledge Your Property
If you don't have cash at hand but own valuable property, the court may let you use it as security for your bail.
An example is if you own a non-mortgaged home. The judge may allow you to pledge it as security if it's worth at least twice your bail.
What if you're still paying off a mortgage? The judge may still allow you to pledge your home as security if your equity is twice your bail amount.
It's vital to note, though, that this kind of bail comes with a guaranteed placement of a lien on your property. Courts do this to make you more likely to attend court hearings and trials.
After all, you have more at stake since it's your property you've pledged. Thus, if you fail to make trial appearances, you risk forfeiting your possessions.
Don't Delay Getting Out of Jail
As you can see, getting out of jail the quickest way possible is by posting bail or working with a bail bond agent. However, if you don't want or can't afford to pay, request a non-financial release, such as an OR a third-party surety. Alternatively, you can pledge valuable property, like your home, for bail security.
Whichever method you choose, please don't forget your fourth and eighth amendment rights.
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