Is Posting Bail a Privilege for the Rich?

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In summary, the conversation discusses the concept of bail and how it is used in the legal system. Bail money can be paid to allow an accused individual to go home from jail between the time they are charged and the time they go to court. The amount of bail varies depending on the crime and the risk of flight. It is possible for wealthy individuals to pay a higher amount of bail and be released from jail, but this does not necessarily mean they are guilty of a crime. Bail is refundable if the individual shows up for trial, but it is forfeit if they do not. The conversation also touches on the flaws and discrepancies in the bail system, such as how a person's possessions and financial status can influence their likelihood of showing up
  • #1
slugcountry
Posting "Bail"

I admit I don't have a full understanding of this, but it seems like rich people have a way to get out of jail just by paying what to them is pocket change while everyone else stays there and rots.. am I seeing this incorrectly? Or is this just a ridiculously corrupt but strangely accepted practice?
 
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  • #2
Bail money can be paid to enable one to go home from jail between the time they are charged and the time they are due to go to court. Bail monies vary hugely depending upon the crime one is accused of comitting. So, yes, I guess rich people can skip this initial period of jail-- but I don't see why they shouldn't be able to. After all, they've not been found guilty of anything!
 
  • #3
slugcountry said:
I admit I don't have a full understanding of this, but it seems like rich people have a way to get out of jail just by paying what to them is pocket change while everyone else stays there and rots.. am I seeing this incorrectly? Or is this just a ridiculously corrupt but strangely accepted practice?
Bail is usually set or denied based on risk of flight and type of crime. In some cases where the client is very rich the prosecutor will ask for bail to be denied or set higher.
 
  • #4
As Evo mentioned, if someone has a LOT of money, bail can be set sufficiently higher so they won't be willing to lose that money. Keep in mind that bail is refundable money...it's sort of like a security deposit on an arrested person to ensure they'll return for trial...if they don't return for trial, the bail money is forfeit.
 
  • #5
Bail is just to ensure a person shows up in court.

Tossing aside the extremes of celebrities accused of crimes, having possesions probably means a person will pay no bail or less bail. If a person owns a house, runs a company, has a well paying job, and has an account he has to access in order to get his money, then the person has to be guilty and the penalty pretty severe for him not to appear in court. Being a fugitive means giving up the things he worked for. A person with few possessions that lives mostly on cash will find it a lot easier to avoid the risk of being found guilty, sometimes even when they're innocent. In fact, there's quite a few that won't show up to court or pay their fines for offenses too minor to even require bail (My daughter's ex-boyfriend, for one. Nothing like getting into a minor fender-bender and having the police haul your butt off to jail for unpaid traffic offenses.:rofl:)
 
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  • #6
Yeah, it's not a perfect system.

If you have buccu bucks you can hire a real good lawyer and beat the rap altogether.

Remember OJ?...Anyone else would have fried!

Jim
 
  • #7
jmnew51 said:
Remember OJ?

Remember? Have you turned on your TV this week? :biggrin: Actually, I assumed (possibly incorrectly) that he was the inspiration for this question today.

I figured it was most likely that the OP just didn't fully understand the function of bail and that it's not to get out of a jail or prison sentence, but rather a security deposit to keep someone from running away between the time they are arrested and the time they are on trial, i.e., during the time when they are presumed innocent until proven guilty. If they stayed in jail during this time, it would be considered that they are arrested and in custody (bail remands them to the custody of someone else other than the state), but not convicted. Often, if they are found guilty and were in jail the entire time they awaited trial (i.e., if they couldn't afford bail, or bail was denied due to the severity of the crime or risk that the person would flee), that time would be counted toward their punishment as time already served, shortening the time they'd spend in jail AFTER being convicted, while the person out on bail doesn't get that "credit." So, it sort of evens up more or less...except for the person found not guilty who couldn't get out on bail before their trial.
 
  • #8
Moonbear said:
Often, if they are found guilty and were in jail the entire time they awaited trial (i.e., if they couldn't afford bail, or bail was denied due to the severity of the crime or risk that the person would flee), that time would be counted toward their punishment as time already served, shortening the time they'd spend in jail AFTER being convicted, while the person out on bail doesn't get that "credit." So, it sort of evens up more or less...except for the person found not guilty who couldn't get out on bail before their trial.
Huh. I did not realize this (if you don't take bail, you start your sentence immediately), but in retrospect it seems emergent.
 
  • #9
Perhaps we should ask O.J., he should know by now. I can't believe the media frenzy about Simpson. It has been on all of the 24 hr. network news programing ad nauseum.

They are milking this situation to the extreme, complete with; so called experts, witnesses to the crime, and anyone who ever knew the guy. Anyone remember Kato Kaelin? He has risen from the ashes.

It's going to be a long winter.:frown:
 
  • #10
Well, if he goes to jail for anything like the maximum sentence, it'll have been worth it.
 
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  • #11
edward said:
I can't believe the media frenzy about Simpson. It has been on all of the 24 hr. network news programing ad nauseum.

They are milking this situation to the extreme

Every hour filled with trivia about OJ is an hour less about the next screw-up in Iraq or whatever. Make your own decision about who is really milking the situation - some news channels might just be doing what they have been told to do...
 

1. Is posting bail only available for those who have enough money?

No, posting bail is available to anyone who has been arrested and charged with a crime. It is a way for individuals to secure their release from jail while awaiting trial. The amount of bail is determined by the severity of the crime and the flight risk of the individual, not their financial status.

2. Is the bail amount the same for everyone?

No, the bail amount is determined on a case-by-case basis. It takes into consideration factors such as the severity of the crime, the individual's criminal history, and their likelihood of appearing in court. It is not based on a person's wealth or social status.

3. Can someone be denied bail if they cannot afford it?

No, it is against the law for a judge to deny bail solely based on a person's inability to pay. In such cases, the judge must consider alternative forms of release, such as a supervised release program or a personal recognizance bond.

4. Can the bail amount be negotiated?

Yes, in some cases, the bail amount can be negotiated with the court. This is typically done through the services of a bail bondsman who can work with the court to secure a lower bail amount for the defendant. However, the final decision on the bail amount rests with the judge.

5. Is bail money refunded if the charges are dropped or the defendant is found not guilty?

Yes, if the defendant appears in court for all scheduled hearings and does not violate any conditions of their release, the bail money will be refunded, regardless of the outcome of the case. However, the court may deduct any administrative fees or fines from the bail amount before returning it to the person who posted it.

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