If a person is arrested and charged with a crime, he or she may be able to post bail or obtain a bond to be released from custody. Release on bond simply means you are paying, usually by a bail bond company, to secure the person’s release until the case is completed.
A judge has the power to set bail at any rate that is not objectively excessive or to refuse bail entirely. The Eighth Amendment to the United States Constitution forbids “excessive bail,” although it does not mandate courts to grant bail.
Bail is not supposed to be a penalty in and of itself. It’s something of a means of getting a convict to adhere to certain terms and return to court. In that sense, a bail is a form of defense left with the court to guarantee that the defendant can return for the remaining sections of the criminal case after being released from prison.
A competent criminal defense lawyer like the ones we have in Xavier A. Mendez Law Firm can clarify the relevant law and assist you in determining the appropriate course of action.
When a judge considers a defendant’s request for own recognizance (or O.R. release), they usually look at the charged crime(s) and the defendant’s:
Bail sums vary widely around the country, with a national median of about $10,000 for felonies (albeit much higher for serious charges) and less for misdemeanors (typically under $2,000 in some jurisdictions, though much higher in others).
Xavier A. Mendez Law Firm’s experienced lawyers will help you if you have been arrested. If your request for O.R. release is rejected, we will argue for you, clarify any requirements (and possible costs), and negotiate alternatives.