Being granted bail is a constitutional right, but it is not guaranteed to every defendant. The circumstances surrounding each individual case will be the deciding factor. If for instance, the crime under advisement was a particularly violent one or one that could be punishable by death, bail will not be a consideration.
Other than in the case of a capital crime, and unless a judge can prove the eminent possibility that a defendant will try to flee to avoid his trial date, bail will be allowed. The amount of that bail is left to the discretion of the court. Some states provides a bail schedule which recommends bail amounts according to the crime. If a judge decides to deviate from that schedule he is obliged to outline his reasoning.
A defendant may pay cash directly to the court or elicit the help of a bail agency who will provide a bond that will be accepted by the court. More people need the financial backing of a bail bondsman since bail fees are usually higher than one individual, or family can afford. Bondsmen will charge a nominal fee, usually a small percentage of the full bail amount, for their services.
Even though bail is granted a defendant may be ordered by the judge to comply with certain stipulations. Travel restrictions may be applied as well as a curfew or a requirement to attend anger management classes or drug and alcohol rehabilitation sessions. Defendants may expect random visits by court appointed officials.
If bail was not an option, many low risk defendants could be forced to stay in jail until their trial date rolls around. This can be a very slow process depending on the court docket, meaning that people who have been arrested on say a disturbing the peace charge, could possibly be forced to spend months behind bars. In some facilities this could put the defendant in real danger from harm by other inmates.
BWB Bail Bonds offers bonding and counseling to the citizens of Colorado. Call 720-358-2908 if you find yourself in need of their services.