If you or someone you love has been charged with a crime and is facing jail time possible jail time and has a warrant, how can you know whether the judge will set bail or not? Isn’t bail automatic?
The answer, maybe surprisingly to some, is no. Bail is not automatically set when a warrant is served. Rather, the judge will use their discretion in whether bail is necessary. The purpose of bail is to encourage someone to come to their court date. That being said, the kind of warrant that you have received has a lot to do with whether bail will be set.
Default Warrants: A default warrant is served to someone who has already failed to show for their court date. A default warrant is served when the person already had notice of their court date. If the court date is missed when a default warrant was served, the judge could be more likely to set bail- since notice of the date was already given.
Straight Warrant: A straight warrant is when the defendant had no prior notice of the court date. Usually a straight warrant is issued when the court was unable to reach the defendant with a letter etc to give them advance notice of the date. If a defendant missed their court date in this case, the court would assume that they had not received the notice of their date.
The basic rule here is that if the court knows that it was the defendants fault in missing their court date, they will be served a default warrant, and bail will most likely be set.
If you or a loved one has been charged with a crime, consulting an experienced criminal attorney can make the difference when facing jail time. Our experienced legal team will consult with you and present the best options for you and your situation. Call us today for a free, confidential consultation 1-800-852-5211 or request your free consultation.