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What Are the Options When You Can’t Pay Bail?

Robert Stahle • February 15, 2019
A statue of a woman holding a scale in front of a blue sky.

If you or someone you know has been arrested, thoughts automatically turn to how to get out of the situation as quickly as possible. This can be an especially frustrating situation if you’re in jail and awaiting trial – a process that can take months in some cases. Not every person is required to remain in jail for the duration between their initial court appearance and their trial date. An alternative is that a judge may order that a person be released on bail.

In many cases, bail involves a payment to the court as a safeguard that you will not flee while awaiting trial. The only problem is that while the amount of monetary bail is supposed to not be excessive, it is often cost prohibitive for many people. So, what happens if you’ve been ordered to pay bail but can’t afford to?


The Premise of Monetary Bail

Many people associate bail with a money payment to the court, and this is often the case. However, bail itself is a term used to define the release of a person from legal custody while they’re awaiting trial. Judges may order a monetary bail, but they can also order bail that includes releasing someone on their own recognizance or with certain stipulations – such as weekly check-ins or mandatory meetings.


It costs the criminal justice system money to house an incarcerated individual, and for those who pose a minimal threat to society or flight risk, there are few benefits to keeping them in jail while they’re awaiting trial. Bail requirements are intended to supply an extra layer of protection that the accused individual isn’t going anywhere.


For some people, the biggest motivator is money. The court orders a payment and holds it until the trial as a guarantee that the accused will appear. The amount of monetary bail ordered is based on several factors, including the severity of the crime involved and the person’s financial ability to pay. For example, a $2,000 bail wouldn’t likely be motivating for a millionaire defendant.


What If You Can’t Pay?

While judges should consider a person’s financial wellbeing when setting bail, sometimes paying it is still out of reach. When this is the case, a person does have a few options.


First, there are bail bond agencies that will post a portion of your bail for you. These types of services are basically considered a loan that will need to be repaid when the bail is released back to you by the court. They usually require that you pay a certain percentage and may also require a co-signer if your credit or job history is poor.


Another option is to have your criminal defense attorney request that a different type of bail be ordered. For instance, if they can establish that you’re not a flight risk even without monetary bail and that you’re willing to adhere to other bail commitments instead.


If you’re in jail and are wondering how you’ll manage to pay bail, we’re a team of experienced criminal lawyers that can help you with the process. Contact Fitch & Stahle Law Offices to discuss your case today.

What Victims Should Know About Drunk Driving Injury Lawsuits in Iowa and Nebraska

By Robert Stahle • July 28, 2025
Including Dram Shop Liability

Drunk Driving Accidents & Nebraska Dram Shop Laws:

By Robert Stahle • July 16, 2025
How a Sioux City Personal Injury Attorney Can Help You Seek Justice Each year, drunk driving crashes leave thousands injured or killed—causing devastating emotional, physical, and financial consequences. Despite strict DUI laws and public awareness campaigns, impaired drivers continue to pose a serious threat across Iowa, Nebraska, and the country. For victims, the aftermath of a drunk driving accident is more than just painful—it can be life-altering. At Fitch & Stahle Law Firm , we fight to hold negligent drivers (and sometimes even the businesses that served them) accountable under the law. If you’ve been hurt in a crash involving a drunk driver, we’ll explain your legal options, including how Nebraska’s Dram Shop law may play a role in your case. Why File a Drunk Driving Lawsuit? Driving under the influence of alcohol or drugs is not just illegal—it’s a reckless act that endangers everyone on the road. When a driver chooses to get behind the wheel impaired, they can (and should) be held civilly liable for the damage they cause. While a criminal DUI case focuses on punishing the offender, a civil personal injury lawsuit is about helping you rebuild. It allows you to pursue compensation for: Medical expenses (past and future) Lost wages and diminished earning capacity Pain and suffering Emotional trauma Property damage Rehabilitation costs Punitive damages (in cases of extreme recklessness) Nebraska’s Dram Shop Law: Holding Alcohol Providers Accountable Under Nebraska’s Dram Shop Law , victims of drunk driving accidents may also be able to file a lawsuit against the business or establishment that overserved the intoxicated driver. Here’s how it works: A licensed alcohol vendor (such as a bar, restaurant, or event venue) can be held liable if they served alcohol to a visibly intoxicated person or a minor , and that person later caused injury or death. Nebraska law limits these claims to commercial sellers of alcohol—not social hosts. A dram shop claim can help recover damages if the drunk driver lacks adequate insurance or personal assets. This area of law is complex, and not all attorneys are familiar with how to navigate the strict requirements and timelines involved in dram shop litigation. That’s why working with a firm like Fitch & Stahle , which handles cases in both Nebraska and Iowa , is crucial. What Needs to Be Proven in a Drunk Driving Case? To recover damages in a drunk driving lawsuit, your legal team must prove the following: Duty of care – The driver had a legal responsibility to drive safely. Breach of duty – That responsibility was violated by driving impaired. Causation – The impairment directly led to the accident and your injuries. Damages – You experienced real harm—such as medical costs, lost income, or emotional distress. In dram shop cases, your lawyer will also need to demonstrate that the bar or establishment served a visibly intoxicated individual who went on to cause the crash. Why You Need a DUI Injury Lawyer in Nebraska or Iowa Drunk driving cases are rarely straightforward—especially when multiple parties may share liability. Insurance companies will often try to minimize payouts, shift blame, or dispute your injuries altogether. At Fitch & Stahle Law Firm , we will: Preserve key evidence such as police reports, BAC results, surveillance video, and eyewitness accounts Analyze potential dram shop liability Work with medical and accident reconstruction experts to build your case Identify all available sources of compensation Aggressively negotiate with insurance companies—or take your case to trial if needed Our team has deep experience with Nebraska’s unique dram shop provisions and Iowa’s liability standards. We understand what it takes to hold all negligent parties accountable. What Damages Can You Recover? Depending on the specifics of your case, compensation may include: Economic damages : Medical bills, lost income, future treatment costs, property loss Non-economic damages : Pain, suffering, mental anguish, loss of companionship Punitive damages : Intended to punish especially reckless conduct—like drunk driving In cases where dram shop liability applies, these claims can be especially valuable when the at-fault driver is underinsured or has no assets. Time Is Critical – Act Now In Nebraska, the statute of limitations for personal injury and dram shop lawsuits is typically four years , but specific timelines may apply depending on the facts of your case. Evidence like surveillance footage and eyewitness memories can fade fast—so it’s essential to speak with an attorney right away. Get Help from a Sioux City Personal Injury Attorney Who Understands Nebraska Dram Shop Law If you or a loved one has been injured by a drunk driver—especially one who may have been overserved at a Nebraska bar or restaurant—you have the right to seek full and fair compensation. At Fitch & Stahle Law Firm , we’ve helped countless clients across Sioux City , Iowa , and Nebraska recover after devastating crashes. We’ll handle the legal details so you can focus on healing. Call us today for a free consultation — and let’s start fighting for the justice you deserve.