How Long Does It Take To Get Out Of Jail After Posting Bail (And Why)?

Exact Answer: Three To Ten Hours

Bail is one of the most requested go-to options when a person is booked for a crime. Getting bail does not mean that the person is being freed of the charge levied on them. It only means the person who was booked can stay out of the jail.

The accused will be prosecuted in court in front of the judge. The first and the primary condition on which bail is granted is that the convicted person needs to show up in court whenever asked to. They can also be asked to appear in the police station about any case-related queries.

Bail can be paid in cash or bond or can also be paid by putting a property as collateral. The bail serves as an assurance that the arrested person will appear in court. Failing to do so can result in the forfeit of the cash paid for bail.

How Long Does It Take To Get Out Of Jail After Posting Bail

How Long Does It Take To Get Out Of Jail After Posting Bail?

The ideal question that comes to mind concerning bail is how soon the bail can be approved. The bail is not just a one-step procedure that can happen in a few minutes. It can take even days to get the bail approved.

A convicted person can only get out of jail after being arrested post the bail gets sanctioned. On average, a bail can take anywhere between three to ten hours to get approval.

The process of the bail can be based on a lot of factors like the application being approved by the court judge, the bail money or bond to be submitted before the due time, the paperwork, and many more.

Sometimes, when the case is a high-profile one, the lawyers try to get the bail approved within a few hours. Often the timing for the bail can extend considerably at the court judge’s discretion.

Calculation type The time it takes to get out of jail
Minimum timeThree hours
Maximum timeSeventy-two hours

Why Does It Take So Long To Get Out Of Jail After Posting Bail?

The process of bail includes the application for the bail, after which the cash or bond is arranged. All the paperwork along with other conditions are checked. It is then forwarded to the Court Judge for approval.

There can be many reasons behind the bail time ranging from three hours to even seventy-two hours. A few of the reasons are as below:

  • The primary reason is the time it takes for the arrested person or their family member to arrange for the bail money. Generally, specific amounts are already set for the bail when the person is arrested for committing a common crime. However, if the crime is more serious or heinous, the bail money can go very high.
  • If the arrested person wants to go with the option of bond, the bail can happen at a much faster rate since arranging a bond takes lesser time than arranging for the whole bail amount in cash.
  • The paperwork can consume a lot of time too as a single mistake in the application may lead to rejection. Then the application for bail needs to be sent again. The whole process can take several hours.
  • It also matters how many officials are present that day when the bail is posted. A lower count of staff can lead to the process being a little slower.
  • Also, if the application happens to be amongst the first few submitted on the day, there are chances that it will be processed faster, and hence the person can get out of jail just within a few hours.

Conclusion

Going on bail is a good option as long as the person intends to show up in the court for future hearings. If the arrested person attends all the hearings post the bail, they can get the full refund of the bail money.

There have been cases where the defendant is also released based on their behavior. The court judge can release the accused based on their recognizance. In such cases, the accused need not pay any amount for the bail.

The amount of the bail can be decided instantly or during the first time in the court (also known as the arraignment).

References

  1. https://heinonline.org/hol-cgi-bin/get_pdf.cgi?handle=hein.journals/fedpro23&section=53
  2. https://www.journals.uchicago.edu/doi/pdf/10.1086/467492
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