Bail in Idaho

Idaho Crimes and Bail

Bail can be a confusing topic for a lot of people. Don’t be surprised when your attorney has no idea about the bail process. I can speak from experience; an attorney does not know everything about bail. In law school you get about a five-minute lesson on bail and then the professor goes back to teaching about some non-sense case that will be obsolete in the next four years. On the bar exam there is maybe one or two questions about bail. So, it must be rather straight forward then right? NOOO! If you are having trouble with bail here are a few simple things that can help you out.

What’s the purpose of bail?

Think of it this way, you have two sides to a ledger. On the one side, you have the defendants argument. a defendant cannot adequately prepare for his trial while in jail, he wants to get out, and he has not been found guilty yet so he has a liberty right to be free. On the other hand, you must imagine the States position. The State believes that every defendant poses a risk to society or may flee before trail. So the state wants to keep the person incarcerated. So, the standard is usually “whether the person is a danger or risk to the community.”

Don’t I have a right to bail?

You may think you have a constitutional right to bail, but you don’t. Under the Eighth Amendment you have a right against “excessive bail.” However, it does not say that Bail is required. The Supreme Court held in Stack v. Boyle that the right to bail is not guaranteed in all cases under the Eighth Amendment. Stack v. Boyle, 342 U.S. 1 (1951). Further, excessive bail only applies to federal proceedings not state proceedings. State statutes not state rules apply. State v. Currington, 108 Idaho539, 70 P. 2d 942 (1985). So, you DON’T have a right to bail. This means that you can sit in jail until trial if the judge sees fit. Bail is a privilege more or less, so you must look it as such.

How is the amount determined?

 In some jurisdictions Bail is determined by a schedule for less serious offenses. Sometimes that is even before the court hearing. But more often, and generally in Idaho, you have a court hearing to determine bail amount. The court considers a variety of factors, but occupation, location of family, collateral in the area, the seriousness of the offense, and your past history, are all very important factors in determining the bail amount.

Try to make yourself as presentable as possible. Show the court that you are a community member and are willing to stick around and not jump ship. Also, determine what conditions would be beneficial to the court to alleviate their concerns. Helping the court can also help you later if you are found guilty and are sentenced. For instance if you ask for counseling as a bail condition, and attend counseling throughout your case and are sentenced, then at then end you can say “I’ve been going to counseling already your honor.” Trust me, judges are usually taken back by the proactiveness and it shows that you are accountable immediately for your actions. This may even lessen a judges call on the sentence.

OR v. Conditions

Sometimes there are conditions which are imposed at the bail hearing, this can be alcohol testing, drug testing, payment plans, no contact orders, things like that. These can be modified later by an attorney. The testing for drugs can be seen by the prosecutor (which is silly) and the judge to make sure that you are complying with the terms of bail. Sometimes you can be released without bail. This means that you get released on your “own recognizance” but we call it “OR.” When you are released on OR you are basically released on your own personal word that you will appear at the next court hearing.

If the conditions are not met, the court may revoke the bail, impose sanctions, or put you back in jail. So, its probably in your best interest to comply with everything and show up to court.

Posting money

A financial bond is one where the defendant posts money with the court for his release. Bonds come in two forms secured and unsecured. This is where bail bondsman’s come in. A secured bond means that you gave some property of yours in exchange for a deed to say you will be there. An unsecured bond, is based on a cash deposit and a promise to pa the remainder if the defendant fails to appear. If it is posed with a bail bondsman he will typically take 10 percent of the entire amount of the bond as his cut. Now if all the conditions are met, and the defendant appears like he is supposed to the cash deposited with the court or bail bondsman is refunded (except for his cut of course.)