It is about 2am in the morning. You just received a call from your friend sharing that they were arrested for assault and would like you to help them out. The question goes around in your head, should I bail my friend out of jail?
When your friend was arrested in Maine, it is the likely the police took your friend to the local jail. While at the jail, your friend might have had contact with the bail commissioner, who is an officer of the Court. The Bail Commissioner sets bail. When the bail commissioner set your friend’s bail, it is possible that your friend might not have been able to meet the set bail without some financial help.
Making Bail is Important
The simple truth is that making bail is a good thing. From a legal defense strategy, it is very important that your friend make bail.
- Being out on bail, provides an opportunity to prove to the state your friend can follow conditions and rules.
- Your friend will be able to help in their own defense through trial preparation and access to his attorney.
You may want to check out my bail article. I have outlined more detail on the reasons to make bail. Being out on bail without violating any bail requirements shows that you can stay out of trouble while your case is pending at Court. Most importantly, being out on bail allows you to have the best access to your criminal defense attorney.
Third Party Bail
When you bail out your friend, this is referred to as “Third Party Bail.” The “third party” can be a friend or a family member. So the answer to the question (Should I bail my friend out of jail?) is yes you can bail out your friend by going to the jail and posting what is referred to as third party bail on your friend’s behalf. After your friend’s bail has been posted, your friend can be released from jail.
When you post a third party bail, the bail money would be posted under your name. You might be wondering why the bail would not be listed under your friend’s name as the person who got bailed out. Keeping track of who paid the bail becomes important when the case is over. At the end of your friend’s criminal case, the bail money can be “returned” to the person who paid it. This means that as long as your friend has good behavior while out on bail, you should be able to get your money back that you paid to make your friend’s bail. Your friend would not be able to collect the bail return if the bail is under your name.
No Bail Return if Bail is Violated
It is also important to note that if your friend violates any bail conditions while out on bail, then you possibly will not be able to get your money back at the end of case. Whenever a criminal defendant violates bail, any bail money is at risk of being forfeited to the State.
Our committed legal team is determined to take immediate action to seek a positive case outcome. If you or someone you know is charged with a crime in Maine, I encourage you to contact The Nielsen Group for your free legal consultation with an experienced criminal defense attorney. We will take the time to answer your questions and to put your mind at ease as we work with you to determine a defense strategy.
It is well worth your time to check out:
If you would like to call us now at (207) 571-8555, we can begin to develop your case strategy.
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