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Bail Hearing

After an arrest, a defendant may have a bail hearing to determine how much bail money or property is required in exchange for pretrial release from custody. The judge will set (or possibly deny) bail based upon whether the defendant is deemed a flight risk and/or poses a danger to the community.

It is to a defendant's advantage to have legal representation at the bail hearing. A bail attorney will present witnesses and other evidence in support of pretrial release. A skillfully argued case may even get the defendant released on his/her own recognizance (ROR), meaning the defendant promises to return to court but does not have to give the court money or property. If you or someone you love has been taken into custody, contact a bail attorney today.

Bail Sufficiency Hearing

Sometimes the government will hold a bail sufficiency requirement to a bail bond. This means the defendant and the co-signers of the bond must make a satisfactory showing that the origin of all funds used to pay the collateral and premium are legal. Bail sufficiency or "Nebbia" hearings, as they are also called, are most often seen in drug trafficking, fraud and federal cases.

When Is the Bail Hearing?

By law, a person taken into custody must be brought before a judge or magistrate for a bail hearing promptly (usually within 24 to 72 hours) after the arrest. It is not uncommon for a judge to combine the bail hearing with the arraignment (a hearing in which the defendant is formally charged with a crime and a plea is entered) and/or other pretrial proceedings.

Additional bail hearings may occur in later stages of a criminal case such as pending the appeal of a conviction. Bail hearings can be held for a variety of reasons:

  • If bail was denied
  • If bail was set too high
  • If bail is revoked
  • If the defendant is arrested for a new crime
  • If the defendant fails to make a court appearance

If you are unhappy with a bail ruling, or a change in circumstances has occurred, your lawyer may request a new bail hearing. It is a good idea to consult an attorney without delay.

What Happens at a Bail Hearing?

The purpose of a bail hearing is to decide whether the defendant should be released from custody prior to trial, not to argue the facts of the case itself. At the hearing, the judge will consider a variety of bail factors, including the nature of the crime(s) and the defendant's character, criminal history, financial resources and community ties.

It is extremely helpful to have witnesses testify on the defendant's behalf. Examples of such witnesses might include:

  • Family members, including parents, spouse and children
  • Current employers or business partners
  • Landlord
  • Clergy
  • Teacher
  • Doctor
  • Counselor

At a bail hearing, the defendant's attorney may also present character reference letters, employment agreements, school records and other evidence that demonstrates the defendant's good character and strong community ties. If you or a loved one is in custody, skilled representation could make the difference between pre-trial detention and pre-trial release.

Citation Release

Another form of pretrial release is a Citation Release or Cite Out. A Cite Out is issued by the arresting officer at the time of arrest. The citation informs the suspect to appear in court on an appointed date. Cite Outs are generally issued for minor crimes only. No bail or other financial security is required for this type of pretrial release and there is no financial penalty for failure to appear. However, if a suspect does not appear in court on the appointed date a bench warrant may be issued for his/her arrest. You can speak with a bail attorney to learn more about Cite Out.

Bail Outcomes

After the judge has heard the arguments presented by the defendant's attorney and the prosecution, he or she will make a ruling. If the judge believes the defendant is unlikely to return to court for scheduled appearances, and/or poses a danger to the community, then bail may be denied. Other possible outcomes to the bail hearing include:

  • Releasing the defendant on his/her own recognizance
  • Releasing the defendant on unsecured bond (meaning the defendant does not have to pay money upfront, but will have to pay the amount of the bond if he or she fails to appear)
  • Setting the amount for cash bail
  • Setting the amount for bail bond
  • Setting conditions for release (e.g., travel restrictions)

If cash or a bond is required, the defendant will be released after bail is posted. If the defendant cannot afford bail, an attorney can help arrange for a bail bondsman to post bail for the defendant. To learn more about posting bail, speak to a bail attorney.

Bail Attorney

Even if you or a loved one has not been taken into custody but you believe an arrest is imminent, it is advisable to contact an attorney right away. A bail lawyer may be able to pre-arrange simultaneous surrender, bail and release, minimizing disruption to you or your loved one's life and reducing the possibility that anyone (e.g., employers, neighbors) finds out about the arrest.

[Last revision: June 14, 2011]



Did You Know?

A person is entitled to credit against his sentence for all time spent in custody.