If you or a loved one has been locked up, chances are you need advice. In most cases, bail can be arranged for pre-trial release. Need some assistance in understanding the bail process? Here are some simple tips about getting out of jail after an arrest.
Bail Terminology Made Simple
Just about everyone has heard the word “bail” tossed around. Generally, it is used in the context that someone needs bail money, is “out on bail” or has “skipped bail”. Here are some basic terms used when it comes to getting someone out of jail after an arrest:
- Bail – Bail is essentially a deposit made with the court to ensure that a defendant will show up for trial. An individual is only let “out on bail” on a pretrial basis. Once the prosecution has won its case, the convicted person cannot post bail in lieu of the sentence ordered by the court.
- Released on Own Recognizance: You may have heard the term released on recognizance with its acronym (ROR). This means that the court does not order the posting of a sum of money, bond or property. Instead, the defendant signs a document certifying that he or she will show up for trial.
- Cash Only – The court will only accept a cash deposit as a guarantee that the accused will come to court for his or her trial date.
- Ten Percent Option: The defendant must post ten percent of the total bail to obtain pretrial release. However, if they fail to show up for court, one hundred percent of the monies is due and owing.
- Property Bond: Either the defendant or a loved one agrees to place a lien against real estate to guarantee a court appearance. The equity in the property must outweigh the required bail.
- Bailbonds agency: A bailbonds agency can put up a surety bond if the accused has no other means of posting bail. This will involve a non-refundable fee. It may also include the necessity to provide collateral to further guarantee that the defendant will show up for court.
- Skipping bail: The accused does not show up for trial. The court will issue arrest warrants and bail will be forfeited.
Attorneys are Important to the Bail Process
If you or a loved one is arrested, it is important to retain an attorney experienced in criminal law. Bail is generally set at the preliminary court hearing. You may have heard the first court appearance referred to as the arraignment. There are many factors that the judge considers when deciding bail amounts. Only an attorney can act on the accused’s behalf to attempt to reduce the bail amount.
Contact Us
At the Law Offices of Beninato & Matrafaljo, we have decades of experience working on behalf of clients accused of crimes. Contact us to see how we can assist you with charges brought against you or your loved one.
Email Us