Is Rejecting Bail Ever Wise?

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Two outstretched hands holding white letter cutouts spelling words 'yes' and 'no'

Over the course of our many years providing the people of Jefferson County and Arapahoe County with affordable bail bonds, we've heard a lot of strange things and fielded a lot of strange questions. One of those questions goes like this: "Should I turn down bail and just stay in jail until my court date?" You would be surprised how often we hear that. But while it might seem like a perfectly logical question to some, it's usually one that comes from a place of inexperience on behalf of the asker. And below we'll explain why.

Rejecting Bail: Smart or Foolhardy?

The people who ask if they’d be better off just staying in jail while awaiting their court date are typically ones with little or no real-world experience with the legal system or jail in particular. The thinking seems to be that, if they know they’re guilty and stand little chance of acquittal they might as well remain locked up. That way maybe they can get any sentence reduced by the amount of time spent in jail awaiting trial. Problem is, the justice system is not that black and white. It’s actually more like 1,000 shades of gray overlapping one another at various points.

Because of that, the short answer to the question of whether it's ever wise to reject bail is: No. Here's why.

Your assumption about jail time may be wrong

As we mentioned some people think that they’re going to be convicted and sentenced to time in jail. Because of that they might as well stay locked up until their trial and then have the time they’ve already served deducted from their sentence. On the surface that has a certain logic to it. But there is no guarantee they will receive jail time, even if convicted. After all, the courts are always looking for ways to lessen overcrowding in jails. So if a person is not deemed a threat to society they may get probation or a suspended sentence. In which case they will have wasted weeks or months of their life sitting in jail for no reason.

Jail is no holiday resort

Let’s not beat around the bush here: No person in their right mind shuns the bail bond agent and volunteers to spend time in jail. Jails are nasty places full of very unhappy people with various types of axes to grind against society or anyone who happens to cross paths with them. There is not an iota of privacy. You live in a noisy, potentially violent fishbowl 24 hours a day. The food sucks. And since you are awaiting trial you probably will not have access to the exercise facilities, work opportunities or other privileges guaranteed to those who have already been convicted and sentenced.

Jails are great places to incriminate yourself

Ever heard the phrase “anything you say can and will be used against you in a court of law”? It’s part of the Miranda rights the police are bound to recite to suspects they plan to question. But it could also apply to jail. Why? Because suspects are often under the impression their conversations inside the jail are somehow protected and private. Not so. If suspect A is arrested for battery and shares details of how he beat up victim B with other inmates one of them may agree to testify for the prosecution in exchange for a more lenient sentence in their own case. In other words, anything you say in jail may be used against you in a court of law.

The circumstances of your case may change prior to your court date

There is an old saying among defense attorneys that goes something like this: “Justice delayed is justice indeed”. When a person avails themselves of a bonding company in Denver County or elsewhere and is released the justice system downshifts and the case proceeds at a more leisurely pace than it would if the person were still in custody. This is good because it provides time for favorable witnesses to come forward, for defense attorneys to patiently negotiate better deals and for other witnesses to disappear or lose interest in testifying for the prosecution. In time the charges may be reduced or even dismissed entirely.

You have a chance to shine while you’re out on bail

Courts don’t want to send most people to prison. Instead, what they want to see is that a suspect is remorseful, has returned to a responsible lifestyle and poses no threat to the community. It’s hard to demonstrate those things if you’re sitting in jail defending yourself against goons trying to prove how tough they are. However, if you work with the bail bond company and gain pretrial release you have an opportunity to prove that whatever happened was an outlier and that you’re committed to reclaiming your status as a responsible adult. That will work in your favor come trial time.

Our Cash Bail Agents' Final Thoughts

It is nearly impossible to make a logical argument in favor of remaining in jail while awaiting your day in court. The potential downsides so far outweigh any potential benefit that the notion should be banished from your brain before it has time to fester.

If you have been arrested and are offered bail the smartest thing to do is to accept the opportunity and place a call to Tayler Made Bail Bonding. We offer affordable 24-hour bail bonds that can have you back with your loved ones in no time flat.

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Tayler Made Bail Bonding is available 24 hours a day and 7 days a week.

(303) 623-0399
email@taylermadebailbonding.com
3595 South Teller Street
Suite 300A
Lakewood, CO 80235
@TaylerMadeBail