The process when a person is arrested by the police due to reason that the law enforcement agencies suspect the person in committing a crime is called the pretrial detention. The person could be released from the custody by paying the bail. This paper explains the process of the pretrial detention and the concept of bail. It highlights the reasons why people cannot be released from the detention and who can cover the person’s bail in the case of the high price that was set by the court.
Keywords: pretrial detention, the bail, custody.
The pretrial detention is the process of the keeping the suspect in the custody until the time of the court verdict. This concept differs from the imprisonment, which covers the detention of the person by removing his freedom at that certain moment. There are many countries, where the imprisonment without pretrial detention is considered as a contradiction to the concept that a suspected person is innocent until he will be proven guilty. That is why the analyzed concept has restrictions in the duration. However, the activity of the person is also restricted for security purposes. During the pretrial detention, the suspect is held in the government facility instead of prison. The accused are in the pretrial detention because of two reasons (Smith, 2011). First is that the person does not have money to pay the bail. The other one is that the bail could be denied due to many reasons that will be explained to the person by the judge.
The concept of bail is the procedure when people pay a certain amount of money to be released from the police. The size of the bail is set by the court. It could be the cash bail or the individual bond. In other words, the offender has a right to pay money to be released and do not spend time in prison during detention. It is the guarantee for the court that the offender will visit the court hearings and does not escape from the legal proceeding till the end. If the person does not have enough money to pay the bail charge or could not contact the relatives, he could use the bonds-person to cover the bond. For this assistance, the defendant will pay for the bail bond company 10% of the bond premium. People who are suspected of committing serious crimes could be rejected in the bail by the decision of the judge.