Being arrested for drug possession can be a serious crime and result in high fines and jail time. A misdemeanor drug charge is one of the most common crimes in the United States, so if you or someone you know has been arrested and charged with drug possession charges, it’s likely the judge will set bail. The judge will set a total bail amount, which can be paid to the court to secure your release from jail. If you do not have enough money to pay your total bail amount, you can work with a local bail bond agent who will post bond on your behalf in exchange for a nonrefundable fee that is equal to 10% of the total bail amount.
The total bail amount is different for each drug crime, so it’s important to understand the process and how the bail amount is determined.
The average bail amount for drug possession can be as low as $1,000 or as high as $1,000,000; it depends on certain factors that might affect the defendant’s flight risk.
Bail Bonds for Drug Charges
The average bail amount for drug possession depends on the type of charge, the severity of the crime, the defendant’s criminal background, and additional factors, like the intent to sell drugs, drug trafficking, etc.
There are 3 types of bail bonds for drug charges:
- Cash bond – can be utilized in certain states’ courts and are posted by a bail bondsman.
- Recognizance – the accused individual will not be allowed to leave the state without court approval and posts a recognizance bond that entails he/she will live their normal life until the criminal case is completed.
- Conditional Release – the defendant is released upon a release bond that they will return in court for the trial.
The Bail Amount
The total bail bond amount for a felony ranges anywhere between $1,500 and $50,000. However, the bail amount can skyrocket to hundreds of thousands of dollars if the severity of the crime is at the highest degree and has been committed under aggravated circumstances. The defendant will often be kept in a county jail until the bail amount is paid, or a bond is posted.
The bail amount for misdemeanor charges is usually lower since it’s considered a less severe crime that can carry punishment that includes community service or a fine of up to $1,000. In some states, the bail amount starts at $2,500 and additional fines are imposed if the defendant violates the law and is convicted for second and subsequent drug crimes. The bail amount for each additional crime can be up to $10,000.
Drug possession or possession of a controlled substance of 49 grams or less can result in up to 4 years in prison or up to $25,000 in fines. If the person is accused of possession of drugs ranging from 49 – 449 grams, the penalty can be up to 25 years in prison and often, the bail amount will be as high as $250,000.
Additional Factors
The bail amount for drug possession is based on various factors. These factors include:
- The criminal history of the defendant.
- Prior restraining order.
- Prior drug possession charges.
- Employment status.
- The circumstances surrounding the crime like the location.
- Whether the crime was charged as actual possession, joint possession, or constructive possession.
- Driving under the influence of drugs or alcohol.
- The intent to sell drugs.
Drug Laws
Many states have specific laws related to drug possession.
Marijuana Laws
For instance, in some states it is legal to have marijuana in your possession as long as it’s for medicinal use. However, you can get charged with drug possession if you are under 21 and you don’t have a prescription for the medicinal use of marijuana. It’s also illegal to sell it without a license to sell.
Amphetamine Laws
The amphetamine laws are almost the same across all states. These substances can vary from prescription drugs like Adderall to illegal substances like methamphetamine. The possession of these drugs without a prescription can result in jail time.
Opioids Laws
Opiates are heavily controlled substances and restricted drugs, so it’s illegal to have opiates without a prescription. Heroin is considered a type of opiate.
Bail Posting
Posting bail is the first step toward a successful legal battle. Make sure to hire a defense attorney and prepare for the legal battle in court. It’s also recommended that you hire a bail bonds company to post bond on your behalf. The bail bonds agent will post bond for a fee that is equal to 10% of the total bail amount.
Use our bail bonds calculator to determine the fee you’ll need to pay the bail bondsman for posting bond on your behalf. The cost of bail is different for each drug crime, so consult a bail bondsman once the total bail amount has been set. In addition, if you or a loved one have been arrested for possession of drugs, there are many different treatment options in the United States to help people stop using and possessing illegal drugs.