Bail Hearings

Having a Criminal Attorney at Your Bail Hearing Helps

When attending a bail hearing, you want to make the best impression possible on those deciding on your bail or other pretrial release conditions. The better the impression you make, the lower your bail tends to be. You may even be able to be released without having to pay money or put up collateral if you make a professional impression upon the judge. Having a qualified attorney present with you at the hearing will help. Contact an experienced Lead Counsel criminal lawyer today!

Bail and Other Pretrial Release Conditions

Bail is required to be set within twelve to twenty-four hours after or as soon as possible after the issuance of a complaint. All defendants have a right to bail under the 14th Amendment to the Bill of Rights. Bail is generally reviewed at the preliminary hearing. There are several conditions under which a person may be released depending on the circumstances, which can include:

• Promise to Appear - a signed promise to appear in court when scheduled. It is also known as a summons, citation or ticket.
  
• Release on Own Recognizance (ROR) - release on a promise to return to court when necessary and to comply with any other conditions set;
  
• Third Party Custody - release on the promise of someone other than the defendant to return the defendant to court when necessary and to assure compliance with any other conditions set;
  
• Unsecured Appearance Bond - a promise to return to court when necessary and to comply with any other conditions set or be liable for a money judgment in the amount of the bond;
  
• Cash Bond - a promise to return to court when necessary and comply with any other conditions set or forfeit a sum of money which has to be deposited with the court clerk before release. If the defendant always appears and complies, the money is returned at the conclusion of the case;
  
• Percent Bond - a promise to return to court when necessary and comply with any other conditions set or be liable for a money judgment in the amount of the bond, a specified percent of which (usually 10%) has to be deposited with the court clerk before release. If the defendant always appears and complies, the money is returned;
  
• Property Bond - a promise to return to court when necessary and comply with any other conditions set or be liable for a money judgment in the amount of the bond, secured by a lien on specific property granted to the court. If the defendant always appears and complies, the lien is dissolved; and the person remains the owner of to the property.
  
• Surety Bond - a promise of a paid professional bail bondsman to return the defendant to court when necessary and assure compliance with any other conditions set or be liable for a money judgment in the amount of the bond. These types of bonds are commonly known as "bail bonds."
  

Four states—Illinois, Kentucky, Oregon, and Wisconsin—do not have bail bondsmen. They still have bail, but their legislatures have prohibited the business of making bail bonds. Some of these states do allow the payment of 10% of the bail, rather than the whole amount, but it goes to the court, not to a bondsman. 

The conditions under which the defendant may be released depends on many factors, and some defendants may be denied bail altogether. For example, if a defendant has outstanding warrants (whether opened or closed) he or she may be considered a flight risk and denied bail. A defendant could also be denied bail if it is determined that public safety is at risk. For example, someone who is considered a sexual predator could be denied bail or one who is being accused of a particularly violent crime could also be denied bail altogether.

Should I hire a Criminal Attorney?

Are you scheduled for a bail hearing? A LawInfo Lead Counsel qualified criminal lawyer may be able to help you prepare for the hearing and represent your interests before a judge. It could make a big difference in the amount of bail you end up paying, and could possibly result in your being released without having to pay money or put up property for collateral. Among the things that are favorably considered in a bail hearing is the presence of an experienced criminal lawyer because it indicates your willingness to make your scheduled appearances in court and answer the charges. Contact a skilled Lead Counsel criminal attorney today to find out what your options may be.