When that bond price is set, depending on the cost as well as the resources of the defendant, they may need to either have friends or friends bail them out or they will need the services of a bail bondsman.
Because of this, the defendant will not only have the pressure of properly showing to hearings to fulfill court obligations but those of the bail bondsman as well. Overall, although it is obviously preferable to be released on your own recognizance as opposed to having to pay money and having more obligations as one would with bond, in the end, both options should allow for release from detainment and then at that point it is all the same.
Skip to content. Phone: However, unlike bail, the money is not returned to the Defendant after the defendant appears in court. The Court sets the bail amount based on factors such as the risk that the Defendant will flee or the danger to the community. Generally speaking the more serious the crime is thought to be, the higher the bail amount. In almost all other cases however, a person accused of a crime has a Constitutional right to bail.
You can. A person charged with a crime always has the opportunity to request that the Court lower his or her bail. This is done by way of a Motion filed with the Court. An experienced criminal law attorney knows the law to present and the arguments to make to best convince a Judge that the bail amount should be lowered.
Many times, how a Motion for bail is presented and argued is the difference between remaining in custody until the time of Trial, or spending that same time with your friends, family and loved ones. This is essentially a personal promise by the person accused of a crime to appear for Court.
Bail algorithms have played an increasing role in guiding the decisions of judges. These are objective statistical programs that assess whether a defendant is likely to fail to appear or likely to commit another crime before their court date.
They can produce a score or a recommendation. Bail algorithms may consider a more limited range of factors than a judge, but they are intended to promote consistency and eliminate bias.
A defendant who receives a very favorable result from a bail algorithm may be more likely to get a release on their own recognizance. Even if you are not able to obtain a release on your own recognizance, you may be able to convince the judge to lower bail so that you can pay bond more easily. You may want to retain an attorney to help you craft a strategy to persuade the judge, since local attorneys with some experience will be familiar with what a certain judge finds convincing.
The information in their report can help a judge determine the level of risk posed by releasing the defendant on their own recognizance. While the judge likely will place some weight on the recommendation of an OR officer, they are not required to follow it. Sometimes a defendant will be able to produce evidence that counters the findings of the OR officer, and the judge can take that evidence into account if they choose.
Last reviewed October Criminal Law Contents. Criminal Law. Aggravating and Mitigating Factors in Criminal Sentencing. Types of Bail. Bail Algorithms.
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