The Top 4 Misconceptions
About Posting Bail
Whether you find yourself involved in a situation where you or a loved one is arrested, or you are just looking to educate yourself about the bail process, it is essential to distinguish fact from fiction. Many misconceptions about being arrested and posting bail abound, fueled by inaccurate portrayals in popular culture or misunderstandings about the procedure itself. In this article, we aim to debunk the top four myths associated with being arrested and securing bail, to help you navigate the process with clarity and calmness.
1.) Fear of Bail Denial
A prevalent concern among individuals facing arrest, particularly if it pertains to a serious offense, is the apprehension of bail being denied. While it is true that bail can be denied in extraordinary circumstances – such as in cases involving murder, severe parole or probation violations, or extremely violent offenses – this is more the exception than the rule. In Colorado, the law allows judges to deny bail if releasing the defendant poses a substantial threat to public safety.
The primary hindrance to securing bail tends to be the financial aspect rather than the outright denial of bail. However, one must be aware of certain situations, such as failure to appear in court or being arrested in a different jurisdiction, that can delay the setting of bail, temporarily leaving the person without bail.
2.) The Infamous "One Phone Call" Misconception
Contrary to popular belief stemming from dramatic cinema portrayals, individuals who are arrested are not restricted to a single phone call. Although there might be limitations regarding phone access hours, there is no fixed cap on the number of calls one can make. While it’s true that additional calls may incur a fee, the essential point is that you are not limited to a solitary phone call, debunking a widely held but false belief.
3.) The Judge's Sole Discretion in Setting Bail
Movies often portray a scenario where bail amounts are whimsically set by judges based on their moods, but this is far from reality. Judges adhere to established guidelines and criteria, somewhat akin to a bail algorithm, that help determine the bail amount, considering several factors such as the individual’s community standing, their criminal history, the gravity of the alleged offense, and more. It’s a structured process, not a discretionary decision based on a judge’s personal viewpoint.
4.) The Misbelief of No Bail Conditions
Securing bail is not an absolute freedom until trial, as depicted in several movies. Bail often comes with stipulations comparable to probation conditions, including mandatory urine tests, breathalyzer tests, and regular check-ins. Moreover, bail imposes a critical obligation on the defendant to appear at all court dates; failure to do so can result in bail revocation and immediate incarceration.
Navigating the bail process can indeed be daunting, but being equipped with the right information can ease the journey. While arrest and bail proceedings are not devoid of challenges, understanding the reality beyond the myths can offer a sense of reassurance. Should you have any inquiries about the bail procedure, feel free to reach out to us at Angels & Outlaws Bail Bonds, where we are ready to assist you in staying safe, healthy, and out of custody.