When a person is charged with a crime, they will be arrested. The defendant will go in front of a judge who will state the charges and determine bail. Some crimes are so egregious that the court may deny bail completely and require the person to be held in jail until the disposition of their case. Most of the time, the judge will set bail that will allow a defendant to get out of jail until their case is resolved. Bail can be an important factor because it may be the difference between whether you remain in jail or are allowed to go home until trial.
What is Bail?
Bail is a set amount that a defendant must provide to the court in order to secure their return for their subsequent court dates. Bail is designed to require a defendant to return to court to complete their legal process. Bail is most often cash, but may include other options as well. When a defendant puts down money for their bail, they are guaranteeing their return. If they fail to return, they will lose their bail money. Once the case is resolved, the bail money will be returned. If a person skips bail, they will also be held in contempt of court and likely face a warrant for their arrest.
Types of Bail
There are various types of bail that the judge may order.
- Release on Own Recognizance – Release on own recognizance (ROR) is also known as release on personal recognizance. This simply means that you are being released without having to post bail. You must sign a promise to appear and may also be subject to conditions.
- Unsecured Bond – With an unsecured bond, the court sets an amount, but the defendant is not required to pay unless they fail to show up for court. In that case, the bail must be paid.
- Secured Bond – This is an amount that you may pay in cash. If you do not have the funds to pay, you may be able to go through a bail bondsman and use collateral to secure the payment.
- Cash Bond – If the judge orders a cash bond, the defendant must pay the amount before they are released.
Factors in Determining Bail
The judge will evaluate several factors when deciding on bail. Of great importance is the belief that the defendant will show up to court. For instance, if the defendant has strong ties to the community, they are more likely to follow the law. The judge will also consider the possibility of the defendant committing further crimes or harming others in the community if released. The judge reviews past criminal history to understand the safety concerns. The severity of the charges will also dictate whether bail is allowed and, if so, the type and amount to set.
Conditions of Release
In addition to bail, the judge has some discretion to impose conditions of release. These could include one or more of these options: travel restrictions, check-ins with a pretrial officer, substance abuse monitoring, and electronic monitoring. If the judge orders conditions, the defendant must follow them. If not, they could be held in contempt and immediately arrested, in which case, the judge could then deny bail completely
Bail can be somewhat complicated. Your attorney will work to get you released with as low a bail as possible. If you are facing criminal charges, call us today at Arnold & Smith, PLLC, at (704) 370-2828 to talk to our criminal defense team.
The criminal defense attorneys at Arnold & Smith, PLLC make it their mission to zealously defend their clients on a wide range of criminal matters at both the state and federal levels. These matters may include any charge from traffic offenses; DWI/DUI; drug charges (from simple possession to possession with intent to distribute and trafficking); gun permit denials; weapons offenses; and property crimes (larceny, breaking and entering, robbery, fraud, embezzlement, white collar offenses); to sexually related offenses (indecent exposure; sexual assault, crimes against nature, removal from sex offender registry); and violent crimes (domestic violence; assault; manslaughter; homicide, murder). Other legal issues that Arnold & Smith, PLLC criminal clients may be facing include restraining orders, restraining order and probation violations, expungements; appeals; and immigration issues related to criminal charges. Our criminal defense attorneys are passionate about ensuring that individuals empower themselves by being informed about their constitutional rights, and stand at the ready to fight in the defense of those facing criminal charges.
Source:
https://www.law.cornell.edu/wex/release_on_ones_own_recognizance
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