When criminal charges are brought before a magistrate, the issue of deciding whether to grant bail and release conditions becomes inevitable. Bail is simply the money posted with the court to release an inmate under certain conditions. Bail guarantees that released individuals attend all subsequent court appearances.
Note that the accused cannot be held solely based on not being able to post bail. They can get released on own recognizance because they don’t pose a public safety threat. They walk out of jail free if they promise to attend all their courtroom appearances.
Why Release On Own Recognizance is Important
A successful release on one’s own recognizance is beneficial, especially for those who genuinely cannot afford to post bail. It guarantees instant release from custody and gives the defendant and the attorneys ample time to build a strong defense case. It also gives room for more lenient bail release conditions.
How Judges Decide Bail
The bail process starts with an arraignment before a judge, where the defendant is charged with a crime. The prosecution informs the defendant of the charges being brought to court. The defendant responds to the charges as guilty or not guilty. This is where the bail issue is encountered, with only two primary outcomes.
Determining Bail
Judges determine bail based on several key pieces of information about the defendant and the case before the court. They use a ‘bail schedule’ to determine who is eligible for bail based on the severity of the offense, past criminal record, and relationship with family and community.
The severity of the offense determines the value of the bail. Depending on the charges brought to court, the release conditions will vary. Judges set high bail terms for individuals who are at flight risk and require them to surrender their travel documents to secure their release.
Posting the Bail
Once a bail value has been set by the judge, the defendant posts bail and is released from jail. Courts accept bail payments in the form of cash, check, bond, ownership of property, or a signed statement promising your presence in court for individuals released on their own recognizance.
Bail Release Conditions
Bail release conditions vary depending on the nature of the charges presented in court and the history of previous court appearances. Defendants released on their own recognizance must comply with the legal provisions of the release to reduce the risks of reoffending.
Most bail release conditions require the inmate to wear an ankle monitor with GPS tracking. Individuals must always comply with protective orders, enroll in a community or treatment program, and agree to regular drug tests.
Bail release conditions ensure defendants always turn up to court proceedings, comply with court rules, and stay within the country’s borders until the case is completed.
Consequences of Breaching Bail Release Conditions
Defendants face severe consequences for breaching bail release conditions, like failing to appear in court as scheduled. The penalties of the breach will depend on the charges the defendant is facing.
Those released on their own recognizance can face misdemeanor probation, be fined up to $1,000, or spend up to 6 months in a county jail. These consequences are in addition to those corresponding with the initial crimes. Those released on bail face heavier penalties for breaching bail conditions. They can be charged up to $5,000 and spend close to three years in a state prison.
Conclusion
In summary, the key takeaways from bail and release conditions include:
- Defendants can be released on their recognizance if they cannot afford to post bail.Â
- The nature of the charges and criminal history of the defendant determine if they are eligible for bail.Â
- Bail release conditions vary depending on the severity of the case.Â
- Defendants are penalized harshly when they breach bail release conditions.Â
