Understanding the Criminal and Civil Justice Systems

results. Sometimes, there will be no arrest until this positive evidence is determined.

If the suspect was injured in the crash, law enforcement also typically wants to wait to arrest so that the state doesn’t pay for their medical care. Bail or Bond Hearing

Suspected offenders aren’t always arrested immediately after a crash.

Sometimes bond is set immediately following arrest or at the arraignment. Sometimes it is set at a separate hearing. Bail or bond is an amount of money produced to a court by the defendant in exchange for pre-trial release and his or her promise to appear in court. The right to reasonable bail is guaranteed to defendants under the concept of “innocent until proven guilty.” Some defendants may be released from detainment on their own recognizance when the judge feels certain that the defendant will appear for each court hearing in their case. However, in most states, bail may be high if the defendant is perceived as a danger to the community or if the judge feels that the defendant may flee. The defendant can usually post bond through a bonding company for about 10-15% of the actual amount required. In some situations, the prosecuting attorney may ask a crash victim to prepare a statement for the A defendant will often post bond while awaiting prosecution. intent of increasing the amount of bail set by the court.


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