this post was submitted on 05 Oct 2024
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No Stupid Questions

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If you have money, you can pay the bail and get released, while poor people can't.

I don't see why people with money should get benefits in the legal system?

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[–] HomerianSymphony 62 points 1 month ago* (last edited 1 month ago) (9 children)

Just so we’re clear, bail is a temporary release from imprisonment while you’re awaiting trial. And the bail money is a deposit that you get back when you attend trial.

The purpose of lodging the bail money is to give you an incentive to attend trial, and the judge will consider your income when they decide the bail amount. A rich person might have to post more bail than a poorer person.

The last time I saw this question asked on reddit, the OP thought paying bail was an alternative to serving prison time if you’re found guilty of a crime.

[–] DomeGuy 0 points 1 month ago

Bail is not money you get back. It's money that a bail bondsman doesn't have to fork over if you dont show.

Either you are so rich that the opportunity cost of tieing up the whole amount is more than the fee (so you just pay the bond fee) or you don't have enough and need to ask someone to lend it to yoy (that is, you pay the bond.)

New York tried to largely ban cash bail (becaue its essentially just a way to lock up the poor), but because of Republicans and police unions (i repeat myself) who whined about offenses while out on bail, the state poked a bunch of holes in it instead of making pre-trial detention easier.

Cash bail is ALWAYS indefensible. If someone is so dangerous to civic order they need to be detained pre-trial, then no amount of money should get them out of it.

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