Being in jail while facing criminal charges is one of the most stressful and uncertain experiences a person can go through. If you or a loved one is currently in custody waiting for trial, it’s essential to understand your rights, what to expect, and how to navigate this challenging time. Here’s a comprehensive guide to help you make informed decisions during pretrial detention.
Why Some People Stay in Jail Before Trial
Not everyone accused of a crime is released before their trial. There are several reasons why someone might be held in jail:
- Bail Denied: Judges may refuse bail if they believe you’re a flight risk or a danger to the public.
- Can’t Afford Bail: Even if bail is granted, many people simply can’t pay the set amount.
- Parole or Probation Violations: If you’re already under supervision, a new arrest can result in automatic detention.
- Serious Charges: Violent crimes or high-level felonies often lead to mandatory pretrial jail time.
What Does the Right to a Speedy Trial Really Mean?
The U.S. Constitution guarantees a “speedy trial,” but in reality, that timeline varies by state and case. Most jurisdictions aim to bring defendants to trial within 60 to 90 days of arraignment — but delays are common.
You may face longer wait times due to:
- Backlogs in the court system
- Legal motions by either side
- Complexities in the evidence or charges
If you’ve been in jail for an extended period without a trial, consult your attorney to see if your rights are being violated.
Jail Isn’t Prison, But It’s Still Tough
Jail is different from prison. It’s typically operated by local counties or cities and holds people either awaiting trial or serving short sentences. However, jail conditions are often more difficult due to:
- Limited access to health care and mental health services
- Fewer rehabilitation or support programs
- Overcrowding and strict lockdown schedules
- Higher turnover of inmates
Even though time spent in jail before trial doesn’t count as a conviction, it can still negatively affect your physical, emotional, and legal well-being.
Your Rights Behind Bars
Even while incarcerated, you have important legal rights, including:
- Private meetings with your attorney
- Phone calls (usually monitored)
- Access to legal materials or a law library, when available
- Receiving legal mail
If you feel that your legal communication or access to counsel is being blocked, report it to your attorney or a facility administrator right away.
How Pretrial Detention Impacts Your Case
Being held before trial can have real consequences:
- You may appear in court wearing jail-issued clothing and restraints, potentially influencing jurors.
- Limited communication with your attorney can hurt your ability to prepare a solid defense.
- You might feel pressure to accept a plea deal just to get out faster, even if it’s not in your best interest.
Your lawyer can advocate for release alternatives, like house arrest or electronic monitoring, which might allow you to prepare more effectively for trial.
Options for Getting Out Before Trial
Even if you’re in jail now, there may be ways to secure your release:
- Request a bail reduction: If your financial situation or case circumstances change, your attorney can ask for a new bail hearing.
- Motion for Release on Recognizance (ROR): Judges may release you without bail if you show strong ties to your community and a low flight risk.
- Seek supportive services: Some jails offer mental health care, addiction treatment, or education programs — ask what’s available.
- Work with your defense attorney: Stay in regular contact to build your case, gather information, and explore legal strategies.
Staying Strong Mentally and Physically
Time in jail can take a toll, but there are ways to maintain your well-being:
- Establish a routine: Set goals for your day, exercise, and read to stay mentally sharp.
- Keep in touch: Call or write to loved ones for emotional support.
- Participate in programs: Join any available classes, faith groups, or therapy sessions.
- Protect yourself: Avoid conflict, report unsafe conditions, and seek help when needed.
What If You’re Found Not Guilty or Charges Are Dropped?
If your case is dismissed or you’re acquitted, you’ll be released. However, the time you spent in jail doesn’t automatically get erased or compensated — unless your state offers restitution for wrongful detention or you win a civil lawsuit.
Supporting a Loved One in Jail
If someone you care about is awaiting trial behind bars, here’s how you can help:
- Help post bail or coordinate with a bail bondsman
- Hire a private attorney if resources allow
- Stay in touch through letters and calls
- Send funds for commissary, phone time, or other basic needs
- Encourage positivity and focus — morale is crucial for mental health and legal readiness
Why Staying in Jail “to Save Money” Can Backfire
Some people choose to remain in jail rather than pay bail bond fees. But this can be a costly mistake:
- You could lose your job. Time away from work can lead to unemployment, making it harder to pay for legal support.
- Your defense may suffer. It’s much harder to communicate with your lawyer, investigate your case, or prepare effectively from jail.
- You risk incriminating yourself. Conversations may be overheard by staff or inmates — and used against you.
- Jail is dangerous. Inmates face a higher risk of violence, harassment, and emotional trauma.
How Bail Bonds Work
If you can’t afford the full bail amount, a bail bondsman can help. For a nonrefundable fee (typically around 12% in Louisiana), the bondsman posts your bail in exchange for your agreement to attend court. While some hesitate to pay this fee, the long-term cost of staying in jail can be far worse.
Final Thoughts
Being in jail while awaiting trial is far from ideal — but understanding your rights and options can make a big difference. Whether you’re facing charges yourself or helping a loved one, staying informed, legally active, and mentally resilient can protect your future.
About Bail Bonds St. Tammany
For more than 20 years in the industry, Bail Bonds St. Tammany has been providing both families and individuals with expedient and efficient bail service. We are reliable at any time, day or night. We are always here for our clients and we treat people who require bail as people, not criminals. There is no way of knowing the circumstances behind what has happened to an accused, and we firmly believe in “innocent until proven guilty.” This respectful approach to our clients is part of what makes Bail Bonds St. Tammany better than the competition.
We process all bond payments securely, and our friendly staff is efficient and hardworking, getting all the required paperwork done as quickly as possible. We do not want loved ones to stay in custody longer than necessary. Our bail bondsman will make the entire process of obtaining bail simple and painless. Let industry knowledge work for you.
We offer payment plans, too. For more details on the types of bail bonds we offer, and to get started, call any of our locations, or fill out an online form.
