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Bail Attorneys

If you or your loved one has been arrested, your first phone call should be to a bail attorney. Bail attorneys know what information to ask the accused and what needs to be presented to the judge to secure a release on recognizance (ROR), without bail or with an affordable bail. With skilled representation, a defendant can continue to work and meet family obligations and is in a better position to help prepare his/her defense in a criminal case.

What Does a Bail Attorney Do?

Bail involves a complicated set of laws that will vary depending on the laws in the jurisdiction, the nature of the crime and other facts and circumstances of the case. Good representation can make a big difference in the outcome of a bail determination. Here is a list of some of the ways a bail attorney can help you:

Arrange surrender into custody. Experienced bail lawyers know how to talk to the police and court employees to get information about the status of the case. Before you are even taken into custody, a bail attorney might be able to:

  • Postpone arrest while a surrender and bond hearing is arranged
  • Prevent the police from interrogating you
  • Request a bail cost reduction
  • Organize application/approval with a bail bondsman

Stages of a Criminal Case

An initial bail determination is made promptly after a defendant is placed under arrest. However, bail can be adjusted, revoked, granted or modified at any of the following stages of a criminal trial, including:

  • Arraignment
  • Plea Bargain
  • Preliminary Hearing
  • Pre-Trial Motions
  • Trial
  • Sentencing
  • Appeal

The purpose of bail is to secure the defendant's appearance until the conclusion of the trial. If the defendant makes all scheduled appearances, bail should be returned when the trial ends, regardless of whether the defendant is found guilty. A bail attorney will make sure your bail interests are protected every step of the way.

A bail attorney should be called the moment a person suspects he/she might be arrested for a crime. The sooner an attorney is called, the more he/she can do to defer and/or minimize time spent in custody.

Prepare evidence. At the initial bail hearing, the defendant's attorney will have an opportunity to present evidence to the judge that you are not a flight risk or a danger to the community. Your bail attorney will identify and prepare witnesses who are willing to speak on your behalf at the hearing as well as gather documents (leases, employment contracts) that will demonstrate your good character and strong community ties.

Ask for a reduction or elimination of bail. Bail is usually set by the judge or magistrate. Some jurisdictions have preset bail schedules for common crimes which the judge can use as a guideline. Bail cannot be set any higher than necessary to ensure the defendant's appearance and the safety of the victim and community. If your attorney feels the bail amount is excessive, he/she will argue for a reduction of bail or for a release on recognizance ("ROR") which is a promise to return for a court appearance not secured by bail money. Your attorney may also get your bail reduced or eliminated by suggesting the court add conditions to your release (e.g., electronic monitoring) that reduce the risk of flight and/or danger to the community.

Documents

A person who has spent time and effort establishing roots in a community is considered less likely to jump bail. At a bail hearing, the defendant will have an opportunity to present evidence that demonstrates his/her commitment to a community. The following list offers examples of documents that the court might view favorably:

  • Rental agreement
  • Property title
  • Membership in community organizations
  • Utility bills
  • Employment agreement
  • School records
  • Religious affiliations

It is helpful to show both current and older records to show the defendant has been a part of the community for a length of time.

Assist with a bail bond. If the judge determines that the defendant can be released on bail, he/she will set an amount and determine whether it can be posted in cash or bail bond, or both. Sometimes the judge will set two amounts, one for cash and another for surety. It is best to consult an attorney to decide what type of bond is right for you. For example, even if you own enough real estate to secure a property bond, it might take days or even weeks for the court to process the paperwork. Instead your attorney might advise you to work with a bail bondsman and have you released from jail within a few hours.

Hiring a Bail Attorney

If you or your loved one has been arrested, you should contact a bail attorney immediately. The sooner you hire a bail attorney, the better the chance he/she will have you in and out of jail before anyone even knows you were arrested.

[Last revision: April 29, 2011]



Did You Know?

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Source: The 8th Amendment to the United States Constitution