Bail And Pretrial Release

When you have been arrested and charged with a crime, your Fourth Amendment right requires you to obtain an initial appearance before a judge within 48 hours. At this initial appearance, the judge will review the charges against you and determine whether there is probable cause to hold you. A number of different types of information will be shared with you, including a copy of the charges against you and a notice of your legal rights. The judge will also consider whether to set bail or pretrial release.

Bail Basics

Bail is a temporary release from jail of an individual who has been arrested and charged with a crime and is awaiting further proceedings or trial. Bail can be either cash, a bond, or even personal property that the accused provides to the court as a guarantee that he or she will return to court to be tried for the crime when ordered to do so.

When is Bail Set?

The judge is responsible for setting bail, and this generally occurs during the initial appearance within 48 hours after the arrest. However, because many individuals do not want to wait for their trial, often courts will provide a standard bail schedule for common crimes so that bail can be provided almost immediately.

Why is Bail Important?

Courthouse schedules are often booked months in advance. An individual who is permitted to make bail can return home and — in many cases — continue working and taking care of his or her family and other obligations while awaiting trial. Bail also saves the city money that would have been spent caring for the prisoner during the time between the arrest and trial.

What Types of Bail are Potentially Available to You?

There are several different forms of bail, and judges are required to offer defendants at least two options for pretrial release. Here is a look at some of the forms of bail that may be available.

Release on Bond

A bond is a financial agreement in which an individual or entity agrees to pay all or a portion of the bond in order for the defendant to be released. If the defendant fails to return to court when ordered, the individual or entity who paid the bond is then responsible for the full bail amount.

What Types of Bonds are Available?

The following types of bonds are available for those who intend to use the bond option for pretrial release:

• Insurance Company Bond: The bond is paid by a bail bondsman. In exchange, you pay a non-refundable fee or premium and deposit collateral to the company
• Surety Bond: The bond is paid by a friend or family member. Surety bonds can be secured, meaning the individual has paid the full bond amount; partially secured, meaning the person pays part of the bond; or unsecured, when no money is paid upfront.
• Appearance Bond: This type of bond involves the accused either paying the full amount of the bond, paying a portion of the bond, or paying no money up front.

Release on Personal Recognizance (PR Bond)

Release on personal recognizance is a method of pretrial release in which the judge permits the defendant to be released provided he or she meets certain conditions. The person only has to pay a minimal fee upfront, usually $35, but then must promise to appear in court. Judges look at a person’s criminal history, facts of the case, ties to the community, and many other factors to determine if this kind of bond should be granted.

When is a Release on Conditions Available?

A release on conditions is generally offered at the initial appearance, provided the defendant’s attorney has requested this type of bail and the judge has reviewed the case to ensure that there are no unreasonable risks imposed by the release.

What Types of Conditions May Be Imposed?

In addition to the payment of bail, conditions that are imposed by the judge for the pretrial release can include requirements such as participation in a drug and alcohol program, community service, therapy, and other activities as appropriate for the type of crime the defendant has been charged with.

How Your Criminal Defense Attorney Can Help

Your attorney provides a number of valuable services, before the hearing, during litigation, and even after your case has been resolved.

Before the Hearing

Before the hearing, your attorney will meet with you to obtain information about you as well as to learn more about the charges against you. Your legal team will begin investigating the case, gathering facts, and ensuring that your civil rights have been protected during the process of arrest and investigation.

Sample Interview Topics and Questions

At your initial visit with your attorney, he or she will ask a number of questions in order to obtain basic information about you and your past criminal history. This information can include:

• Residential information
• Employment information
• Who depends on you for support?
• Your criminal history
• Other information such as any medications you take and any recent hospitalizations you’ve had.

At the Hearing

During your initial appearance, your attorney will present facts that favor your pretrial release. Some of the facts that are often used include the need for you to remain out of jail in order to work and support your family, a lack of previous criminal history that would indicate that you fail to return to court or commit a crime, lack of aggravated facts in the police reports, or medical needs that are not well suited in jail.

Violation of Bail Conditions

A violation of bail conditions occurs when the defendant fails to show up to court when ordered or otherwise fails to meet the obligations imposed by bail. Violating bail conditions for either a misdemeanor or felony charge will result in an additional misdemeanor or felony charge against you and the imposition of new fines, fees, and incarceration. If you have to request bond again, the court will likely double or triple it if you violated your previous conditions.