The Top 4 Dangers Of Not Posting Bail

dangers of staying in jail during criminal proceedings

“It does you no good, and subjects you to a laundry list of potential issues that can impact you legally, mentally, and physically.”

1.) Your Defense May Suffer

Staying in jail for the duration of your criminal case can drastically impact your lawyer’s ability to do their job, as well as the timeline of criminal proceedings. It is important to realize that mounting a defense is a task that involves multiple investigations, immense amounts of research, interviewing witnesses, bringing in specialists, and meeting with the accused. If you elect to stay in jail, the court may be inclined to speed up the legal proceedings ultimately leaving your attorney with less time to mount your defense.

In addition to this, you can expect less communication with your lawyer due to the checks and balances that go into scheduling a conversation or meeting with you every time they have an inquiry or more information. If you are out of custody, you are just a phone call away. If you are in custody, it may be very difficult to schedule a time to talk with you that works with the attorney’s schedule as well as the jails.

2.) Loss Of Employment

One of the most immediate dangers of staying in custody while awaiting the legal process is the impact that it can have on your job or career. It is important to realize that employers may fire you due to the circumstances behind the accusations of your arrest, even before a conviction. The truth is, not everyone who gets arrested is guilty, so you do not want to be forced to call your employer from jail in a situation where you are innocent. Getting out of jail as soon as possible is the best way to keep your employer out of your legal business.

The next danger of staying in jail for the duration of your case is a bit more obvious, but still, something to think about. Criminal cases often take months, sometimes even years to unravel. The likelihood that your job will hold your position for that long is essentially 0%. If you lose your job, you also lose money for your defense, as well as your everyday bills.

3.) You Might Get Sick

The general lack of hygiene in jails makes them a great place to spread diseases and other sicknesses. During the COVID19 pandemic, it is best to remove yourself from any situation that may expose you to health risks, and detention centers are currently at the top of that list.

Beyond that, jail causes people an immense amount of stress and the medical implications of stress can be devastating. You can suffer from insomnia, weight loss, weight gain, headaches, lower immune system, and much more. Getting yourself out of jail and into a healthy environment is an important factor in your long term health.

4.) You Might Incriminate Yourself

One of the best-kept secrets of jails is their ability to aid in the investigation process for accused criminals. In jail, phone calls are recorded and listened to for evidence, and conversations with inmates have proven to be detrimental to criminal cases as information can be relayed to investigators and used against you. If you decide to stay in jail in hopes of skipping the price of paying bail, you may be risking your long term freedom.

When it comes to self-incrimination, it does not always fall on the shoulders of the guilty. If you are innocent and happen to give conflicting information over the phone, the information can and will be used against you, regardless if it was an honest mistake. The best way to prevent this is to post bail as soon as possible and remove yourself from an environment that doubles as an ongoing investigation.


The truth is, electing to stay in jail to skip paying the price of bail is a bad idea, and altogether even worse of an idea than we have laid out in this article. It does you no good, and subjects you to a laundry list of potential issues that can impact you legally, mentally, and physically. We understand that posting bail can be expensive, so we do everything that we can do help make the process as easy and as affordable as possible. Give us a call if you need help.