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Bail and Own Recognizance Release

People who receive bail tend to have better outcomes in their criminal cases. It is no wonder that most people want to post bail and get out as soon as possible.

However, the bail process can be more confusing than many expect. There are different types of bail, including own recognizance release (OR), and there is no guarantee that you will receive it. Some people are completely ineligible for bail based on the charges they are facing.

What Is Bail?

In simple terms, bail is money that someone pays to the court to get out of jail pending trial. The purpose of bail is to encourage people to appear in court. If they skip court, they risk losing their money. Bail can be either in the form of cash, a bond, or property.

What Does Own Recognizance Mean?

Sometimes the court will release a defendant on their own recognizance. This means that they are not required to pay bail. Instead, they are released on their promise to return to future court dates.

The judge may release a defendant on their own recognizance if they determine that the defendant is particularly trustworthy. Usually, these are people charged with non-violent, low-level offenses. Many have strong ties to the community and have never gotten in trouble before.

How Much Is Bail?

The amount of bail highly depends on the facts of the case. Generally, the more serious the crime, the higher the bail. Furthermore, if the judge determines that it is riskier to release the defendant, due to past failures to appear in court, for example, the bail may be higher.

Just because the bail is set at a certain amount doesn’t necessarily mean that the defendant will pay that out of pocket. This is where bail bondsmen come into play. Usually, a defendant will pay a bondsman about 10% of the bail. The bondsman will then post the full amount of bail for the defendant.

Sometimes, the bondsmen will take collateral instead of cash as payment. For example, a bondsman may require the defendant to turn over an interest in their house, car, or other property to secure the bond.

If the defendant fails to appear in court, then the bail bondsmen will keep the property. This is how a bondsman protects themselves from the risk of posting bond for people who won’t show up.

What Happens at a Bail Hearing?

The court will hold a hearing to determine whether or not to issue bail, and if so, the conditions of the release. There are several steps to a bond hearing.

First, the prosecutor and the defendant will make an argument for and against bond. Sometimes a prosecutor may agree to a bond, and sometimes they will oppose it. These arguments may include details about the facts of the present case, the defendant’s background and criminal history, ties to the community, and other relevant details.

The judge will consider several factors when deciding whether or not to set bail, including:

• The circumstances of the charges
• Any prior criminal record, including a violent or serious felony record
• Whether the defendant is a danger to others
• The weight of the evidence
• Family ties and employment history
• The defendant’s mental condition and character
• Drug test results, if applicable
• The defendant’s immigration status
• The victim’s wishes
• If the defendant has previously failed to appear in court

If the judge decides that the defendant should be granted bail, they will determine an appropriate amount and set conditions. Conditions of bail can include:

• Travel restrictions
• Ordering the defendant to live with a certain person or at a certain place
• Ordering the defendant into a specific program, such as a drug or mental health treatment program
• Setting a cash bail
• Prohibiting the defendant from having a weapon
• Prohibiting drug and alcohol use
• Requiring regular reporting to a probation officer

The judge can also impose other conditions as they deem necessary.

What Are Offenses Not Bailable?

Not everyone is eligible for bail. Some criminal offenses are not bailable. These are usually the most serious offenses that give rise to a presumption against bail. Some of these charges include:

• Sexual assault
• Capital murder
• Some child molestation charges
• Terrorism
• A dangerous crime against children
• Serious felonies if the defendant entered or remained illegally in the United States

There are some rare cases where a person may get bail even if they are charged with a very serious crime. The facts and circumstances of your specific case will ultimately play a large role in dictating the outcome, as can whether you’re represented by an experienced attorney.

How Can a Phoenix Criminal Defense Attorney Help Me Get Bail?

A defense attorney can help you get bail by arguing your case in front of the judge. They can raise issues during the bail hearing that are likely to persuade the judge to set a reasonable bond. Furthermore, an attorney can push back on the prosecutor’s assertions that you are dangerous or unlikely to return to court.

If you are granted bail, your lawyer can fight for reasonable conditions. If you are having trouble meeting conditions, you can go before the court and ask for a modification. If you do violate a condition of your bond, your lawyer can request that the court give you another opportunity instead of sending you back to jail.

For legal help, reach out to an experienced Phoenix criminal defense attorney at Orent Law Offices, PLC today for a free consultation. Or call us at (480) 656-7301 to get started with your case.