When you have been arrested and charged with a crime, your Fourth Amendment right requires that you get an initial appearance before a judge within 48 hours. At this initial appearance, the judge will review the charges against you and determine if there is probable cause to detain 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 release.
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Bail is a temporary release from jail of a person who has been arrested and charged with a crime and is awaiting further proceedings or trial. Bail can be cash, a surety bond, or even personal property that the defendant gives 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.
The judge is responsible for setting bail, and this usually occurs during the initial appearance within 48 hours of the arrest. However, because many people do not want to wait for their trial, courts often provide a standard bail schedule for common crimes so that bail can be granted almost immediately.
Court schedules are often booked months in advance. A person who is allowed to post bail can return home and, in many cases, continue to work and take care of his or her family and other obligations while awaiting trial. Bail also saves the city money that would have been spent on the prisoner’s care during the time between arrest and trial.
There are several different forms of bail, and judges must offer defendants at least two options for pretrial release. Here’s a look at some of the forms of bail that may be available.
A bail bond is a financial agreement in which an individual or entity agrees to pay all or part of the bail amount for the defendant to be released. If the defendant fails to return to court when ordered, the person or entity that posted the bail is then responsible for the full bail amount.
The following types of bail bonds are available for those who intend to use the bail bond option for pretrial release:
Parole is a method of pretrial release where the judge allows the defendant to be released as long as he or she meets certain conditions. The person only has to pay a minimal fee up front, usually $35, but then must promise to appear in court. Judges look at a person’s criminal history, the facts of the case, ties to the community, and many other factors to determine whether this type of bail should be granted.
A conditional release is usually 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 release would not impose unreasonable risks.
In addition to posting bail, conditions imposed by the judge for pretrial release may include requirements such as participation in a drug and alcohol program, community service, therapy, and other activities as appropriate to the type of crime the defendant has been charged with.
Your attorney provides a number of valuable services, before the hearing, during litigation, and even after your case has been resolved.
Before the hearing, your attorney will meet with you to gather information about you and 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 arrest and investigation process.
At your initial visit with your attorney, he or she will ask you a series of questions to obtain basic information about you and your criminal history. This information may include:
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 stay out of jail so you can work and support your family, the lack of a prior criminal record that indicates you do not return to court or commit a crime, the lack of aggravated acts on police reports, or medical needs that do not fit well in jail.
A violation of bail conditions occurs when the defendant fails to appear up to court when ordered or otherwise fails to meet the obligations imposed by bail. Violating bail conditions for either a misdemeanor or criminal charge will result in an additional misdemeanor or criminal 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.
Llevándote a un lugar mejor rápido
La liberación previa al juicio le permite al acusado regresar a su hogar y a su comunidad mientras espera su juicio. Esto es parte del derecho al debido proceso que la constitución otorga a los estadounidenses. Siempre que el juez crea que el acusado no representa un peligro para la comunidad, y que es probable que regrese para sus citas en la corte, el juez probablemente brindará la posibilidad de libertad previa al juicio para que el acusado pueda continuar trabajando, mantener a su familia, y etc.
En la mayoría de los casos penales, la fianza comercial es la forma más común de liberación previa al juicio.
Judges will take into account several factors when determining bail in a criminal case. They will initially follow a bail schedule based on the charges, but then have the ability to increase or decrease this amount. Factors that can affect the bail amount include:
