If someone close to you has been arrested, your first priority will be to figure out when and how they are going to be released. Not everyone who is arrested will be released. There are circumstances where a judge will decide that the arrested person is either a danger to the community or has a high risk of not showing up to trial proceedings, and will decline that person the opportunity to be released pre-trial. But for many, there is an opportunity after the completion of the “booking” process, and after learning of the charges against them at an arraignment, to return home ahead of criminal trial proceedings.
For anyone who is arrested and taken into custody, the shorter this period the better. Especially for those experiencing an arrest and detention for the first time, the separation from family, the loss of control over their movements and location and the exposure to a wide range of other arrestees is a highly stressful, and for some, a terrifying process. Within certain legal limits that define the maximum amount of time that can pass between stages of this process, they are at the mercy of the scheduling of the local law enforcement and judicial system. Most arrestees must be booked and arraigned within one or two days before being considered for release, though this can often include a weekend in jail.
With the exception of people who are declined an opportunity for release, arrestees may be given the opportunity to be released ahead of a trial “on their own recognizance”, which simply means that they are considered very likely to show up at their trial proceedings. For many, however, the courts will decide that the costs of the arrestee not showing up at trial need to be made high enough to ensure that they do. In these cases, getting out of jail means posting bail. The only alternative is to remain in jail for the period between the arraignment and the start of the trial, which may be several weeks at best, and potentially several months.
The cost to the arrestee and the people that rely on them if this happens can be high, and potentially catastrophic, and the benefits of being able to return home are significant. If release can be arranged through successfully posting bail:
You can better prepare for trial
Working from your home base, you’ll be better able to organize your information and work with a lawyer, you’ll avoid some of the the overwhelming stress from being separated from family, friends and other support and resources, and you’ll be able to present yourself with respect to hygiene, clothing, confidence and deportment in the best possible way when you arrive at your court proceedings.
You can make arrangements for your possible absence
You will not know the outcome of the trial until it’s over, and while you can hope that you will be successful, you may look to make the best arrangements possible just in case you are incarcerated for an extended period. Such arrangements may include care for children or parents, your home, finances and other responsibilities.
You can make restitution for your actions
If you are prepared to admit to your role in the circumstances of your arrest, you may take the opportunity during your release to make whatever amends and formal apologies you can. If pursued genuinely, this may be considered in your favor during a trial, and may result in a sentence being reduced or even eliminated.
The bottom line is that you will better serve yourself and those around you if you can secure your release by posting the bail requirements set for you, making sure that you can make the best preparations possible for what comes next.