10 Considerations on Whether or Not to Post a Bond

What Every Criminal Defendant Should Know

“The judge just granted you a bond, what are you going to do?”

The Answer: “I’m gonna get the @#$% out of here!”

The Reply: “No kidding, I didn’t think you were going to Disney World!”

This singular focus on getting out of jail can make clients immune to the use of common sense. This obsession can interfere with their ability to make decisions. This affects the attorney’s ability to resolve the case in a favorable manner.  Believe it or not, there are times when it makes sense for an individual to remain in jail while waiting for trial.

Some items that should be considered prior to posting bail:

1)      What am I going to be doing while waiting for trial?

2)      How strong is the case against me?

3)      Is my incarceration inhibiting my attorney’s ability to work on my case?

4)      When is my trial date?

5)      Do I have a job and if so, will my employer work with me?

6)      If I stay in awaiting trial, is there a chance that I could get a time-served sentence?

7)      What impact does posting the bond have on my family’s finances?

8)      What is my role in my family setting and how will my absence affect them?

9)      Will I be able to stay away from the situation or similar situations that led to my arrest on my current charges?

10)  Do I have a drug problem and will my stay at the jail help me get started on treatment or keep me from using?

Each of these questions are interrelated and need to be answered by the client before deciding to post bond.  I’ve seen many instances where a person posted bond and ended up in more trouble than if he would have just stayed in jail until his trial date.

There should be a good reason to post bond.  The positive reasons for posting bond should outweigh the negative consequences of posting bond.  A good answer as to whether you should post bond can be obtained by considering each of the questions listed above.

In most cases, a person is legally entitled to a reasonable bond.  However, posting a bond should put you in a better place legally and economically than if you stayed put until trial.  If the costs outweigh the benefits, you may not want to post that bond.