Facing criminal charges and waiting for trial can be one of the most uncertain and stressful times in a person’s life — especially if you’re doing it behind bars. If you or a loved one is currently in jail awaiting trial, it’s important to understand what to expect, your rights, and what steps you can take to protect yourself during this period. Here’s what you need to know.
Why You Might Be Held in Jail Before Trial
Not everyone accused of a crime is immediately released. You may be held in jail pretrial for several reasons:
- Denied bail. The judge may consider you a flight risk or a danger to the community and deny bail.
- Inability to pay bail. You may have been granted bail but can’t afford to pay the amount.
- Probation or parole violations. If you were already under supervision, a new arrest could result in automatic detainment.
- Serious charges. Violent or serious felony offenses often lead to pretrial detention.
Your Right to a Speedy Trial
The U.S. Constitution guarantees your right to a “speedy trial” — but what that means can vary by state and case. In many jurisdictions, this could be within 60 to 90 days of arraignment, but delays are common.
Factors that may extend your wait include:
- Court backlogs
- Motions filed by your attorney or the prosecution
- The complexity of the case
If you’ve been waiting for an extended period, talk to your attorney about whether your rights are being violated.
Conditions in Jail vs. Prison
Jail is typically run by the county or city and houses defendants awaiting trial or serving short sentences. It’s generally more transient and may have:
- Fewer programs or services
- Limited medical and mental health resources
- Stricter lockdown policies
- More crowded conditions
Unlike prison, jail time while awaiting trial does not count as a conviction, but it still affects your mental and physical health, and potentially your legal outcome.
Legal Access and Communication
While in jail, you still have the right to:
- Meet with your lawyer privately
- Make phone calls (though often monitored)
- Receive legal mail
- Access law libraries or legal materials (where available)
If you feel your rights to legal counsel or communication are being obstructed, notify your attorney or a jail administrator immediately.
How Pretrial Detention Can Affect Your Case
Being in jail before trial can sometimes work against you. You may:
- Appear in court in jail clothing and restraints, which could influence a jury
- Have limited time and privacy to build your defense
- Feel pressured to take a plea deal just to get out sooner
Your attorney can advocate for your release or seek alternatives like house arrest or electronic monitoring.
Your Options While You Wait
Even if you’re stuck in jail, you still have options:
- File for a bail reduction. If circumstances change or bail was set too high, your lawyer can request a hearing.
- Motion for release on own recognizance (ROR). Judges may consider releasing you without bail if you have strong community ties.
- Prepare your defense. Stay in regular contact with your lawyer and gather any information you can to support your case.
- Request mental health or substance use services. Many jails offer limited support; ask what’s available.
Staying Mentally and Physically Well
Waiting in jail can take a serious toll on your well-being. Here are some ways to cope:
- Create a routine. Exercise, read, and set goals to maintain structure.
- Stay connected. Call or write to loved ones when possible.
- Use available resources. Participate in classes, therapy groups, or faith-based programs if offered.
- Protect yourself. Avoid conflicts and report unsafe conditions.
What Happens If You’re Found Not Guilty or the Case Is Dismissed?
If you’re acquitted or charges are dropped, you’ll be released. However, the time you spent in jail pretrial isn’t erased or “compensated” unless you file a civil claim (and win), or unless your state has compensation laws for wrongful detention.
How to Help a Loved One Awaiting Trial
If someone you care about is awaiting trial in jail, you can support them by:
- Helping pay bail (or arranging a bail bond)
- Hiring a private attorney if possible
- Staying in contact through calls and letters
- Sending funds for commissary or phone time
- Encouraging them to stay focused and positive
The Hidden Costs of Waiting in Jail
Some people might choose to stay in detention just to avoid bail bond fees, but this decision can carry serious consequences. Here’s why.
- You could lose your job. Being in jail for days or weeks often means missing work. Employers may not wait, and losing your job can leave you without income when you need legal help most.
- It hurts your legal defense. Preparing for trial is much harder behind bars. It limits your ability to gather evidence, contact witnesses, or work closely with your lawyer — all critical to building a strong defense.
- You risk self-incrimination. In jail, your conversations may be overheard by officers or other inmates, who could later be called as witnesses. A careless remark might damage your case.
- You face safety risks. Jail isn’t always safe. Inmates report high levels of violence and harassment, both from other detainees and correctional officers. A short stay can have lasting physical or emotional effects.
Bail Bonds: A Way Out of Jail
If you can’t afford to post bail yourself, a bail bond is a common solution. A bail bondsman pays your bail in exchange for a fee (a percentage of the full amount; 12% in Louisiana) while you agree to appear in court. Though some people hesitate to pay this fee, staying in jail can end up costing far more.
The Bottom Line
Being in jail while awaiting trial is a tough and often disheartening experience. But it’s also a critical time in your legal journey. Staying informed, connected and proactive can help protect your rights and improve the outcome of your case.
If you’re in this situation or supporting someone who is, don’t wait: consult with a defense attorney, understand your legal options, and do everything possible to stay mentally and legally prepared.
About Affordabail
Affordabail is a local bonding company. With several locations throughout the state of Louisiana, we service St. Tammany Parish Jail in Covington, Livingston Parish Jail in Livingston, Jefferson Parish Jail in Gretna, Tangipahoa Parish Jail in Amite, St. John Parish Jail in Laplace, and many more.
For more than 20 years in the industry, Affordabail Bail Bonds 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 Affordabail 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.
