What is considered an emergency situation?

woman under arrest

What is emergency legal aid?

When it comes to an emergency situation that requires emergency bail, isn’t the fact that you’re arrested enough of an emergency? Or is there something else that overrides being arrested that is more of an emergency?  Exactly, what constitutes legal emergency that requires emergency bail? 

The definition we found for a legal emergency is a sudden, urgent, and usually unexpected occurrence requiring immediate assistance for the recipients of public assistance. The principal purpose of this legal emergency assistance is to control the situation restore things to normal. This would indicate that emergency bail is meant for those arrested during this legal emergency. 

After a natural disaster, legal aid services are critical for comprehensive disaster relief.  Legal aid services sent attorneys out to the areas needing legal assistance to provide legal assistance pro bono. They also are prepared to direct the survivors to any assistance they need other than legal representation such as emergency bail, like clothing, food, housing, transportation and more.  

If my bond is 1000 what is bail?

After an arrest, the suspect will be arraigned by a judge where the bail will be set. Each state has its own bail system, but most minor misdemeanors are $500. However, the judge can make that lower or higher using the following factors to make the determination: 

  • The Evidence:  The amount of evidence against the suspect is present, the judge will use that as a basis to determine if they are guilty of the accused crime and if there is a chance they will be sentenced. If the judge feels the evidence shows they are guilty, the bail will typically be higher. 
  • Criminal Background: If the suspect has a previous criminal history, the judge will set a higher bail to encourage the accused not to repeat the suspected crime as a way of protecting the community.
  • Public Risk: For any level of the law, judges included because they are held to uphold the justice system, the public’s safety is always a consideration. The judge will consider what risk the suspect may be or not be to the public when setting bail. A repeat offender or a person with background of violent behavior are considered to be a public risk, thus the judge will set a high bail. 
  • Flight Risk: If a judge feels that a suspect could possibly leave the state or country, they are considered to be a flight risk and could possibly “disappear” before their trial.  In this case, the judge will set a high bail amount.
  • Offense Severity: The more severe the crime that the accused was arrested for, the higher the bail. Any fines that will be required, or if the accused is facing possible time in jail could cause the judge to set a higher bail.

What if I don’t how to apply for anticipatory bail?

An anticipatory bail is when a person expecting to be arrested can request to post bond prior to the arrest. It is a legal pre-arrest process that directs the person named in the bail is to be released upon arrest. The arrest still takes place, the person simply does not go to jail. 

If a person in this situation isn’t familiar with how to fill a bail bond request for anticipatory bail, they should seek legal counsel on the matter. A criminal attorney will have the experience and knowledge of the process and can advise the person if this is a possibility for their situation. 

When a person is arrested, the first thing that comes to mind is “I need to get out of here!”, and in most cases, that requires posting bond, which at that time to them is an emergency bail.  That can’t be done until the person has been arraigned and the judge set bail. Unfortunately, most people do not have an emergency bail fund waiting for somebody to be arrested.

For those people, an emergency cash bail out is possible with the service of a bail bondsman. For a family member, friend, or anyone that the arrested person has contacted, they can apply for one of the emergency loans for bail and the bail bondsman will go to the jail and post the bond. 

There is a small down payment required, usually 10% of the bail amount that must be paid by the person requesting the emergency bailout. The person signing for the bail will be the first person the bail bondman will contact should the arrested person not appear in court as ordered by the judge. It is important that the arrested and the person(s) that helped them post bail realize that the bail is not a fine for the crime they are accused.  Bail is not a punishment, but a legal tool to endure the defendant appear for all future court dates including any pretrial hearing and the trial itself. For emergency bail assistance in Indianapolis, IN, call 317-423-9300 today.