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Do you have to stay in jail until your trial?

Facing criminal charges in New Mexico is no small matter; penalties under conviction of a drug crimes or weapons violations are often quite severe. It’s a big mistake for someone to think it’s not a big deal to be accused of a crime or to assume that he or she will just have to post bail to get out of jail. Even if bail is covered, it’s not a guarantee that a defendant won’t wind up behind bars after the case goes to trial. 

Bail is considered good faith money 

If a police officer takes you into custody, your primary concern is no doubt figuring out a way to secure release so that you can go home. If you’ve never been in trouble with the law and the current charges that you’re facing are a minor offense, a judge will likely set bail, enabling you to be set free pending trial. The bail money you pay is a form of collateral, ensuring that you’ll show up in court as ordered. If you fail to do so, the bail money could be forfeited.  

What happens if you can’t afford to pay the bail? 

There isn’t a set amount for every defendant’s bail. A judge has wide discretion to determine how much bail should be posted in a particular case. If you don’t have enough money to meet the bail that was set, it’s possible to request a lower amount. However, that doesn’t ensure that the judge overseeing your case will grant your request.  

How to reach out for additional support 

It’s helpful to ask a criminal defense attorney to act on your behalf in such circumstances. The attorney will know how to word things to try to convince the court that an accused individual is not a danger to the community and should be able to await trial at home. If you’re currently facing criminal charges in New Mexico, you can request a meeting at the Law Office of Ryan J. Villa to seek guidance regarding bail issues or defense strategies.