If you’ve ever been arrested, you will be required to pay bail in order to be released. Even though bail looks like a simple and straightforward concept on the surface, it can be waived or negotiated and you don’t always have to pay the full amount. That is why you should be looking for an experienced Long Island criminal defense attorney right from the moment you’re involved with law enforcement. It is important that you have the right information about bail as you never know when you might need it. If you’re looking for help in negotiating or waving the bail, you will need to get in touch with an experienced criminal attorney.

Bail Is Imposed so that you can Appear in Court

The bail that is set by the judge is like a promise. If the judge sets bail at $10000, this means that you could either pay for it in cash, bonds, or property. Once you’ve paid using one of the three options, you’re committing to appear in court. You will not get your money back should you fail to appear in court. You will get out of jail the sooner you pay the bail money. This doesn’t mean that your legal troubles are over as they could just be about to begin.

Bail can be Negotiated

Just because the judge set the bail amount doesn’t mean that it is written on stone. There are some legal procedures and constitution protection which allow you to lower the bail. This when having a criminal defense attorney can come in handy.

There is an algorithm that calculates the bail amount and will take into consideration such factors as:

        Criminal History



        Nearest Family Members

After having taken all the mentioned factors into consideration and the judge determines that you’re not likely to appear in court, your bail will be in most cases be higher.

The 8th Amendment of the United States Constitution protects citizens from excessive bail. What this means is that a charge is not allowed to set absurdly high bail amounts just to punish an individual or to set an example of him.

There are circumstances where an individual might not be able to afford to pay bail. It will be within their right to petition the judge to lower the amount. This will require the help of a criminal defense attorney as they are aware of the processes involved.

You Might not be Required to Pay Bail at All

In some situations, the judge could release the individual “on their own recognizance” This means that the judge trusts that you will show up in court based on your merit without any coercion. Instead of imposing a bail, the judge will depend on you to show up in court on the set date. There are a number of factors that a judge will consider before releasing you on O.R. and they include:


        No criminal record in the past

        Having family members like a spouse or children nearby

        Having lived in the community for a long time

        Having dutifully appeared in court for other charges

A criminal defense attorney can help you in obtaining an O.R. or lowering your bail. This could help in so that your resources go to defending your case.

Not Available in Every State

It should be noted that bail is not available in every state. If you live in New York, you’re lucky because it is one of the states that are allowed to have them. There are areas like Washington DC, Nebraska, Oregon, Maine, Massachusetts, and Wisconsin that don’t allow bail. The United States has a commercial bail system to enable the citizens to honor the bail bonds.

Bounty Hunters

It might sound like something from a Hollywood script but a bounty hunter could be employed to find a client who is trying to skip court date. This is especially true if you use third-party lenders to help with your bail. It will be in your best interest to appear in court to make life easier for your defense attorney and the bail bond company. Bounty hunters are not afraid to cross state lines will not need a warrant to break and enter into the defendant’s home.

Paying on Your Own is not a Good Idea

Paying cash bail could have severe implications on your financial situation. You might have the cash to pay but you must think about the consequences. It will be much more convenient to first consult with a criminal defense attorney to find a way in which the bail can be reduced. The next step would be to look for a reliable bail bonding company that will help in getting you out of the mess.

Paying the bond in full comes with its own risks.  If you’re paying it on behalf of the defendant, he or she could fail to adhere to the agreements made by the court. In such a situation, you stand to lose all your money. The court will only return the money if the defendant appears for hearing on the set date. When you get a bail agent, you will not have to go through the risk of losing the entire amount which could leave you in a dire state financially.

It Takes More than Just Appearing in Court

There is a common assumption that all the defendant has to do is to honor the court dates and everything will be fine. There are some circumstances where the defendant will have to do more than that. There could be multiple court hearing to attend. He or she could be forced to enroll in an alcohol or drug rehabilitation program. The defendant will have to go through all the requirements in order to get the money back.

To sum it up, whatever the circumstances of your bail, you will need a good criminal defense attorney at your corner to ensure you’re getting the best deal. Contact Mirsky Law Firm if you’d love to negotiate your bail bond or what an experienced attorney to represent you in your criminal case.