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

Exact Answer: 3 to 10 Hours

Bail is the release of the accused from the jail, with a guarantee 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 then would be processed and eventually granted, after which the person would be released within 3 to 10 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 Does It Take To Get Out Of Jail After Posting Bail?

After the bail is accepted, it could take about 3 to 10 hours to get out of jail. There are two kinds of crimes, according to which the bail is granted and the time period doffers. These two types are namely, bailable and non-bailable offenses.

A bailable offense is a crime where the sentence or the punishment is of less than 3 years, whereas a non-bailable offense is where the punishment exceeds 3 years duration. Accordingly, bail is granted much more easily in the, as the name suggests, 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.

In a bailable offense, there could be two decisions of granting the bail: 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.

In a non-bailable offense, the bail depends upon the severity of the crime which has taken place. However, if the court proceeding does not take place over a 60-days-period, the person could get out of jail on bail.

Type Of CrimeWhen Is Bail Granted
Bailable OffenseImmediately
Non-Bailable Offense60 Days

Why Does It Take 3 To 10 Hours To Get Out Of Jail After Posting Bail?

The time taken after posting bail, to get out of jail can vary, depending on several factors. It mainly depends upon things like if the jail is busy, the staff working at that particular day and time, the paperwork, etc.

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The most important factor that plays a role in delaying the proceeding is how busy the jail is. Like any other place, the jail also has a lot of things going on at once, and hence, it takes time to process the bail. Moreover, if the staff is less or more depending upon the particular day and time the bail is being processed, also plays a vital role in the time.

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 2-3 days depending on the crime.

After the paperwork has been done and the bond has been transferred, it takes 3-10 hours for the bail to process because of the traffic in the jail or the lack of staff.  

Conclusion

A Bail is a tool by which the accused could get out of jail, on the 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, it is not necessary that the bail will not be granted in a non-bailable offense.

It depends upon the crime and the court proceedings. After processing the bail and getting all the paperwork done, it could take around 3 to 10 hours for the person to get out of jail as it depends upon factors like how busy the jail is, the staff working that day and time, etc.  

References

  1. https://itatonline.org/articles_new/law-on-bail-anticipatory-bail-discharge-and-quashing-of-proceedings-under-direct-taxes/
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