If you're arrested for a misdemeanor, in many cases you'll be able to post bail immediately, especially if the police station uses a bail schedule. Sometimes, though, your ability to post bail will be delayed. Here are two reasons this can happen and your options for handling the situation.
One reason you may be barred from posting bail immediately is if you are intoxicated. There are a couple of reasons for this. First, you must be of sound mind before you can legally enter into a contract, and that's exactly what you're doing when you bail yourself out jail. You're agreeing to appear before court at the requisite times as a condition of being let out of jail on bail. Any contract you sign while under the influence can be invalidated, so police will typically wait until you're sober before letting you bail out.
Second, police can be held liable if something happens to you after they release you while you're still drunk. Therefore, they'll also keep you in jail to avoid any legal issues in this area.
The only way around this issue is to have someone else—a friend or family member—bail you out of jail who is sober and willing to take responsibility for ensuring you make it home safely. Otherwise, you'll have to wait until you sober up, which can take several hours.
You're a Repeat Offender
Another reason you may be barred from posting bail immediately is if you have previous offenses on your record. Of course, the date those offenses were committed and their severity will contribute to whether you'll be kept in jail until your court date or allowed to bail out. You'll likely be allowed to leave if you were convicted of a DUI 10 years ago, but be forced to wait until your bail hearing if you were arrested for a DUI a month prior.
You may also be denied immediate bail if you were arrested because of a bench warrant or you already have pending charges against you from another court case.
Unfortunately, there's not a lot you can do in this situation but wait until you can get to court to argue your case as to why you should be allowed to post bail. It's essential you discuss the issue with your attorney so he or she can represent you in the best light.
For more information about these issue or help getting bailed out of jail, contact a bail bond company, such as AMBAIL,LLC.