How Long Can A Person Be Out On Bail (And Why)?

Exact Answer: One Month

Bail is the release of the accused from the jail, guaranteeing that they would be present in the court proceedings. When a person is taken to jail, they have the right to ask if the crime they are being accused of is a bailable or a non-bailable offense. A bailable offense could have the person plead of bail, which would be processed and eventually granted, after which the person would be released within few hours.

The proceeding happens when the person is arrested without a warrant, and the police officer would have to let them know their options. However, even if the offense is non-bailable, it does not guarantee that the person would not be granted bail at all.

How Long Can A Person Be Out On Bail?

After the bail is accepted, it could take some to get out of jail. According to which the bail is granted and the time doffers, there are two kinds of crimes. These two types are, namely, bailable and non-bailable offenses. A bailable offense is a crime where the sentence or the punishment is less than three years, whereas a non-bailable offense is where the punishment exceeds three years. Accordingly, bail is granted much more quickly in the name suggests, a bailable offense.

Technically, in a bailable offense, the bail is granted as a right of the accused and out of entitlement. It does not need any further court order to grant the bail. However, in a non-bailable offense, the bail could only be granted if the court or the officer deems it okay to do so. As the non-bailable offense takes a court order to grant bail, naturally, it takes a longer period to grant bail to the person. There could be two decisions of granting the bail in a bailable offense: either on a bond or social security or without any social security. Generally, the bond is taken as a guarantee of the person appearing in the court proceedings.

EventsInformation Regarding The Events
Maximum time on bailOne month
Time after getting an extension on bailThree months

A person can be granted a maximum of one month on Bail. However, due to some health issues or other matters, a person can apply for an extension which can extend the bail period to three months. No more time is given after this.

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Why Can A Person Be Out On Bail For So Long?

The bail is also granted on two sets of rules, one where they take up a security amount or bond to release the accused, second, where they do not take any such thing. The time period of the bail depends upon the paperwork that follows both situations differently. The bail depends upon the severity of the crime, too. According to this, the officer would choose to carry forward the paperwork. In non-bailable offenses, the person would also have to wait for the next day, if it has been night, for the courts to open and proceed with the bail. This could also take up two to three days, depending on the crime.

The person is out on bail does not mean they are free to do anything and everything. The lawyers of the defense and the prosecution try their best to get a date as soon as possible. At times, the date is delayed due to the unavailability of evidence or if someone intentionally meddles with the necessary documents which have to be produced in court on that very day. The person allowed to leave the prison on bail must ensure that the legal officials follow the due procedure and the intricacies regarding the case are managed well.

It is possible that the charges on the accused may not be provided, so bail is granted. In most cases, bail is granted due to health issues.

Conclusion

A Bail is a tool by which the accused could get out of jail to guarantee that they would attend all the court proceedings further. The crimes could be of two types, bailable and non-bailable. In a bailable offense, the bail is granted as a right of the accused and out of entitlement; however, the bail needs to be granted in a non-bailable offense.

On average, a person can stay out for a maximum of one month on bail. This period, however, can be extended to up to three months, citing health conditions.  All the people are duly advised to stick to the rules laid down for the bail term to prevent any further extension in the term of imprisonment.

References

  1. https://journals.sagepub.com/doi/abs/10.1177/1462474512442311
  2. https://heinonline.org/hol-cgi-bin/get_pdf.cgi?handle=hein.journals/pnlr113&section=58
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