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Denver Criminal Defense Attorney Explains the Bail Process


January 31, 2018

When you’re arrested and facing DUI charges, a Denver criminal defense lawyer can help you navigate the legal process. However, it’s up to you and your family to get out of jail until your scheduled hearing. This process is known as posting bail, and if you’ve never done it before, the process can be a bit confusing. Here’s a brief guide to navigating the bail process so you can get back to your daily life more quickly.

Why Bail Exists

The justice system recognizes that many defendants have families and lives outside of their legal infractions. By holding individuals in jail until a formal hearing, the justice system is unnecessarily punishing defendants’ families, exposing them to financial hardship and emotional strain. The bail system allows defendants to maintain some sense of normalcy for their loved ones until the formal sentencing appointment.

Setting Bail

If the charges you’re facing are minor enough, you’ll likely be released and sent home until your formal hearing. However, if the charges are more severe, you may end up being held in jail until your scheduled court hearing. If this is the case, a judge responsible for making the determination will set bail. Bail is an amount of money that you or your family can pay to get you out of jail until the hearing. The judge ultimately decides whether or not the defendant deserves the option of bail as well as the dollar amount required. For more severe charges or if you have previous offenses, you can expect the bail amount to be higher.

Posting Bail

Once the judge decides on a bail amount, you’ll have the option to pay it or not. By not paying bail, you accept that you’ll serve time in jail until your hearing. If you decide to pay, you or your family can post bail with cash, check, or physical property worth an equivalent amount. Should you be unable to pay the specified bail amount, you can ask the judge to lower it in a formal bail hearing or work with a bail bondsman to receive a loan for the amount.  

What Happens Once You’re Out

When you post bail, you’ll be expected to remain in the area and attend all hearings and court proceedings at their scheduled times. Bail only excuses you from serving time in jail until your formal hearing and sentencing. It lets you go back to work, support your loved ones, and live life as you normally would until a decision is reached by the court. Keep in mind that if you attend all hearings, the bail money will be returned even if you’re convicted. The fee only serves as assurance that you’ll work with your attorney as well as the judicial system.

You never have to handle a DUI conviction on your own. At the Law Office of John L. Buckley, we believe that everyone deserves fair and equal representation. Let us represent you in your upcoming DUI case and see the difference having an experienced Denver criminal lawyer can make in helping you navigate the legal system. Don’t wait. Contact us today.