Members of the military typically understand they are subjected to high expectations. This expectation extends not only to professional service, but also to personal conduct in the civilian world. For this reason, being arrested can have a different meaning for members of the military than for civilians.
Bailing yourself out of jail may become more complicated when you are a soldier. While bail is possible in civilian courts, the rules are not the same if you are arrested for a military-related offense. Read on to learn more about posting bail as a member of the service.
Military Units Are Notified
Upon your arrest as a soldier, somebody will alert your unit. Your higher-ups need to know you've been arrested. Additionally, notification helps prevent a soldier who has been arrested as being declared AWOL if they are unable to bail out and return to work.
Keep in mind that upon notification of your arrest and charges, you may lose your security clearances and experience social repercussions when you return to work.
Military Members Qualify for Legal Advice
One thing members of the military may not realize is that they have access to free legal assistance separate from a public defender in many cases. Preliminary legal help helps you understand your options for bailing out of jail or making a plea in court.
Military Service May Postpone Court Appearances
Judges often understand that soldiers are obligated to military commitments. A judge may delay your hearings if military service is in the way of attending court. For your legal defense, this could be a strength when you have an attorney to consult with.
Military Arrest Changes Things
When you are arrested on a military base or by military police, bail is not an option. In order to hold you, the investigative organization must have solid evidence. Some military members are arrested on base and are subject to military confinement due to a special investigation. In cases like these, posting bail is not possible and is not considered a violation of your rights according to the Constitution.
Military Service Members Benefit from Posting Bail
Depending on the charges and case against you, a conviction in civilian court could influence your military life. You could be pushed down a rank or even kicked out of the military altogether. Posting bail actually benefits you because you can have more time to work on your case with your attorney. Consulting with your criminal defense lawyer is easier after you have posted bail and can give you the best opportunity to defend yourself.
Military Members Can Post Bail
If you are arrested by civilian police, you still have the opportunity to post bail just like anybody else. The exception is if the civilian court arrests you for an offense for which you can be court martialed.
Bail depends on the crime you are charged of. One Fort Bragg soldier was held on $750,000 bail for kidnapping and rape charges. Some soldiers are released on their own recognizance. Just like civilians, the court may set conditions defendants must meet while out on bail.
Ultimately, the decision allowing you to post bond is up to the judge. In 2017, an Air Force veteran was not allowed bond based on her charges of leaking secure documents and based on her potential flight risk. In spite of her lack of criminal history and parent's willingness to put property as collateral, her bond was denied.Do you have questions about posting bail for military members? Help is available. Call the Goldfarb Bonding Agency today for assistance with bailing out a loved one in the military.