When you are arrested and charged with a criminal offense, you have to be either released or held until the court deals with the charges. Most people are released pending the results of the case with a promise to appear to court, an undertaking or recognizance, with or without deposits, etc. All releases are commonly referred to as bail.
The constitution provides that all people have the right to a reasonable bail but there are limits placed on the right. Conditions attached to bails often include restrictions to some extent on the accused’s liberty until the courts have dealt with the charges. Restrictions may include house arrest based on the circumstances of the person and his arrest.
Most bails would involve a surety or a civilian jailer of sorts. The surety will pledge a certain amount of money in exchange for the accused’s release on bail. The surety will also supervise the accused while on bail and will ensure that the accused will appear on court and comply with the bail conditions. The surety will lose money if the accused decides not to appear in court or breaches the conditions of the bail.
Because of the potential loss of money, the surety is motivated to ensure that the accused follows all the bail conditions. If the accused does not abide with the bail conditions, the surety can revoke the bail and have a warrant of arrest issued for the accused.
Most sureties are responsible adults without a criminal record, owns assets that can proven by documentation, has prior relationship with the accused and has time and availability to supervise the accused. The surety could be a family member, friends and employer who are willing to pledge money for the release of the accused.
It is important for the accused to retain a criminal defence lawyer through MyDefence when attempting to obtain bail because they know the laws, the courts and the system. Besides that, the presence of a lawyer is very important during the bail hearing. He can help in preparing for the hearing and being heard as soon as possible instead of you sitting in custody for another day.