Bail, No Bail, or Own Recognizance: Dealing With What Happens After an Arrest

Most of those arrested are in a poor position to learn new things about the criminal justice system. However, loved ones at home should be ready to learn enough to cope with this stressful situation. After an arrest, getting released from jail is of primary importance and there are a few ways to do so. Read on and find out more about bail, no bail, and own recognizance.

Bail is Offered

In the best-case scenario, your loved one is offered bail during the arraignment or bail hearing. Bail amounts are usually tied to the crime and to the record of the accused. First-time offenders arrested for misdemeanors and minor felonies may be offered bail. Those with criminal records might be offered bail at higher amounts than others. Bail may be paid using cash or property deeds. You can also use a third party bail bond company. Bail bonding companies are the least expensive way to get your loved one free from jail.

No Bail is Offered

If bail is not offered, you may need to speak to a criminal defense attorney who can argue on behalf of your loved one for bail. In some cases, the crime that your loved one is accused of is a serious felony like murder, rape, or kidnapping. Those accused of that level of crime seldom get bail unless the judge can be convinced that they are no threat to others and that they will stick around for future court appearances.

Own Recognizance

The easiest and cheapest way to get out of jail is your own recognizance. This term means that the judge has decided that a defendant is very likely to return for future court dates and that they are not a danger to the general public. Unlike with bail, though, no money is needed. The defendants are simply released pending a later hearing date. Just as with a bail release, though, your loved one must agree to abide by certain restrictions while they await their trial or agree to a plea bargain.

Bail and Own Recognizance Provisions

Your loved one may be free to go but they must also behave themselves after the release. They can be arrested and jailed at any time if they don't obey the rules. Some of those rules include:

  1. Showing up for all court dates – on time, no matter what.
  2. Staying away from convicted felons and any alleged victims.
  3. No weapons carried.
  4. No other crimes committed.

After being released, your loved one's first priority should be to contact a criminal defense lawyer about their case.

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