Criminal Law Frequently Asked

Most people who are arrested are entitled to have a their bail set. Bail is the amount or type of surety that a court will accept to allow a person to be released from jail. A bond is what gets posted to secure the bail. The most common types of bonds are cash, property, surety through a bail bond agent, or personal surety also known as a signature bond. You are not entitled to a bail if you are charged with an offense punishable by death, but you may be able to obtain a bail after a contradictory hearing.

After a person is arrested bail will normally be set within 48 hours. Bail is set by a judge or magistrate and often without any initial hearing or appearance before a judge or magistrate. The judicial officer will set the bail after reviewing a police report or affidavit of probable cause for arrest and the defendant’s criminal history. While there are several factors a court should consider when setting bail the primary factors are the defendant’s flight risk and whether he or she poses a danger to the community. Once the bail is set an attorney will usually have to file a motion for it to be modified. A defense attorney may file a motion to reduce the bail or a prosecutor may file a motion to increase the bail. If a person is already out on a bond when they are arrested for a new charge a prosecutor may file a motion to revoke the previous bail based on the new charge.