How Does Bail Work in the Federal System?

Typically, when you face a criminal charge, the Texas court issues a warrant for your arrest. Officers will arrest you and put you in jail. You then can go before a judge to seek bail, which is the right to leave detention until your next court hearing. The same process occurs when you face a federal criminal charge.

According to the U.S. Department of Justice, in a federal case, a district judge or appellate court has the right to make a decision about bail. You should know that you do not have an automatic right to receive bail. The U.S. Constitution only guarantees you the right against excessive bail.

A court may decide not to grant you bail. However, it must conduct an investigation and consider pertinent information when making the decision. A court needs to consider your criminal and personal history, the offense and its circumstances, the evidence against you, and the risk you might pose to the public if it releases you.

If the court decides to grant you bail, there are two general options. Most often, the court will release you on conditions. This might require that you do not do certain things or that you must do certain things once you leave custody. It could also include monetary payment to secure your bail. The other option is release of personal recognizance. This is where the court releases you based on your word saying you will comply with court orders. You may also have some conditions with this type of release, too, but you will not have to pay any bail money.

Related Posts
  • What To Know About Expungements In Texas Read More
  • The Consequences of Stalking in Texas Read More
  • Barbieri Law Firm, P.C. Founding Attorney Heather Barbieri Featured in D Magazine Read More