Are There Conditions Attached to Bail?
Once the bail bond company posts your bond and you are released from jail it means you’re essentially free to resume your life until your court date rolls around, right? Not really. At the very least you will be forbidden from leaving the state until the legal process runs its course in your case. And it’s also possible that other conditions might be imposed on your release. Violate any of those conditions and you are likely to find yourself back in Broomfield County jail where you will molder until your court date rolls around. In this short guide, we’re going to take a close look at some of the conditions attached to being released on bail.
Some of the Most Common Conditions Attached to Bail
The exact conditions attached to a person’s bail will depend entirely on the nature of the alleged crime and the person’s criminal history. Here are some of the most common bail conditions imposed by the court:
- Wearing a tracking device:No one wants to have a tracking device around their ankle or wrist all the time, but in some cases, the court will not grant a person bail if they do not consent to wearing one. With the tracking device comes hard and fast restrictions on where you can and can’t go and when.
- Staying home at night:It’s not at all uncommon for the court to impose a curfew on the accused if their behavior warrants it. An example curfew might run from 8 pm to 8 am during which time the person is not allowed to leave their Broomfield house.
- Maintaining a minimum distance from others:Should stalking, domestic abuse or child custody issues be involved the state will often order the accused to maintain a minimum distance between themselves and other specific individuals.
- Surrendering their passport:If the court believes an individual represents a flight risk they may order them to turn in their passport as a condition of release. At the very least, as we mentioned, out of state travel will be prohibited.
- Attending AA meetings:In cases involving excessive alcohol consumption the court may order the accused to attend X number of AA meetings each week and provide proof they did. In drug cases, they may be compelled to visit with a drug counselor on a set schedule.
- No alcohol or drugs:It is common for the court to stipulate that the accused refrain from drinking alcohol, smoking weed or using other drugs. This typically extends to requiring the person to stay out of bars and clubs.
- Checking in with the bail bond agent:The court sometimes mandates that the accused check in with the bondsman on a regular basis. Alternatively, they may be ordered to check in with an officer of the court.
The above is a list of the most common conditions applied to bail. There may very well be others related to the nature of the case or the particulars of those involved.
Conditions Applied by the Bail Bondsman
The court is not the only player in the legal process able to impose conditions on bail. The bonding company takes a significant financial risk by posting bail bonds for people they don’t know. If the accused fails to appear in court and their co-signer disappears the bondsman may be saddled with a significant loss. So to protect themselves they will sometimes impose conditions before they will agree to post a bond. Those conditions may include calling the bondsman each day at a given time or canceling the bond if they learn the accused violated a court-imposed condition of release.
While the Constitution clearly states that “excessive bail shall not be required” it does not state that “the accused shall always have access to bail, regardless of their alleged offense”. In fact, there is an entire class of crimes called “non-bailable offenses” where the accused will only be offered bail if certain conditions are met, and may in fact not be offered bail under any conditions.
It is rare, for instance, for bail to be offered to someone accused of 1st-degree murder. In those rare instances when it is, the bail may be as high as $1 million or more. Terrorism offenses are also non-bailable offenses as is large-scale drug trafficking. In such cases, the public interest takes precedence over the accused’s right to bail.
That said, a good defense attorney may be able to work a deal with the prosecutor to secure some kind of limited release for their client, such as placing them under house arrest or making the bail amount so large it would be unlikely the accused would flee and forfeit it.
Bail is Denied for an Otherwise Bailable Offense
So far we’ve looked at bail conditions imposed by the court and the bondsman as well as non-bailable offenses. But there are also instances when a person may be denied bail for what is normally a bailable offense. This will typically happen if:
- The defendant has a history of jumping bail: Those who have jumped bail before are often denied bail for subsequent offenses.
- The defendant has psychiatric problems: If a person is deemed to have serious psychiatric issues they may be denied bail and sent to a psychiatric hospital for evaluation.
- A history of recidivism: If a person has a long and growing history of criminal activity the court may simply say “enough” and deny them bail.
Urban Bail Co Provide 24 Hour Bail Bonds in Broomfield County
Bail is not an absolute right. In many cases, conditions are attached to bail that the accused must agree to before they will be allowed to post bail and walk. Some of those conditions are relatively minor, while others can be quite strict. Failing to live up to the conditions of your release can and likely will, result in the forfeiture of your bail and your return to custody while you await your court date.
If you have been arrested and are in need of affordable bail bonds, call Urban Bail Bonds at (303) 736-2275.