Do You Stay in Jail Until Court Date?

After a person is arrested, either by law enforcement or immigration agents, they quickly begin to wonder how long they will remain in jail. While being held in jail is an unpleasant experience, it is often made worse by this uncertainty and by being separated from their loved ones. This sentiment is also experienced by the family members and loved ones who are awaiting reunification with the arrested individual. Many are left disheartened and wondering, “do you stay in jail until court date arrives?”

Fortunately, as soon as a person is arrested, their eligibility for bail is typically determined within 48 hours. At this time, the severity of the crime, past criminal record, and the individual’s flight risk level are assessed. If it is decided that the individual is a good candidate for a temporary release from prison on bail, an amount will be set. The amount will be set using the same factors that were used to determine initial eligibility, however, it can vary from a few hundred dollars to several thousand. If the individual feels that the price is too high, they have an opportunity to request a bail reduction hearing in which they can plead their case for having the amount lowered. If they are successful or can pay the initial amount, they can post bail and be released from jail shortly after the money is paid.

When loved ones are faced with a bail amount that is far above what they can afford, they are not without options. In these situations, a bail bond company is often consulted to provide the individual with a temporary release from prison. Here, loved ones can purchase a “surety” bond that costs a percentage of the total amount of the bail (typically between 10-15%). This money is paid as a service fee to the company, instead of being applied to the actual bail amount. Loved ones will also be asked to provide a form of collateral, in the form of the title to a vehicle, the deed to a house, or another valuable, tangible item. From there, the bail bond company will post bail on behalf of the arrested individual and will arrange their release shortly afterward.

In both scenarios, the arrested individual will remain out of jail until their court date arrives. They must abide by the stipulations set forth in their bail or bond agreements during this time and must appear at all of their hearings. If they do not, they are likely to be arrested once again and placed back in jail until their court case is resolved.

It is important to note that not all arrested individuals will be eligible for bail. When a person has a history of fleeing the police, committing serious crimes, or is deemed as a threat to the community, they may be required to remain in jail. In this case, the answer to “do you have to stay in jail until the court date arrives” is yes.

Likewise, paying bail or securing a bond does not affect the outcome of the criminal or immigration case. If the judge rules that the arrested individual must serve time in jail or must be removed from the country, the bail or bond, will not prevent the individual from being taken into custody once again as the final decision is made in their case. They will be required to serve the time specified or leave the country. Providing that they followed all the rules of the bail that was paid in full by family members or loved ones, the person who paid (known as the bail sponsor) will receive a refund. With a bond, the money will not be refunded, however, the collateral posted will not be collected if the individual complied.

Contact us today to learn more about “do you stay in jail until court date arrives?” or to discover how we can help your family secure the release of a loved one from an ICE detention center.