Discussing Criminal Attorney Services

Bail Or No Bail

17 October 2017

Joshua Alexander

If you've been arrested for DUI, there might be very little else on your mind but getting out of jail, and fast. Bail allows some people to be released, as long they return to face their day in court. Depending on the circumstances, however, you may not even need to come up with any bail money whatsoever. Read on to learn more about the benefits of being released on your own recognizance.

Bail or your own recognizance, you must make a pledge

When you are accused of committing a crime, there are three options:

1. You may be held without bail.

2. You may be granted bail and released upon payment.

3. You may be released on your own recognizance (OR).

Regardless of whether bail was needed to secure your release, you are benefiting from the confidence of the justice system in you that you will return for your court date. This is in the form of a written promise to appear for certain court dates in the future, to not leave the area and there may also be provisions that require you to make contact with court officials on certain dates before you are sentenced. It's interesting that the factors that go into deciding whether or not you should be granted release without having to post bail are very similar to those that decide the bail option in the first place.

Factors affecting the potential to get OR

• How severe are the charges?
• What does the criminal record of the accused look like?
• How much of a danger to the public is the accused?
• Does the accused have the resources and connections to flee the country?
• Does the accused have ties to the community? At job? Family nearby?

Released with conditions

In some cases, suspects are released even when they don't quite meet all of the above requirements, but they may have more conditions placed on them. For example:

• A defendant charged with DUI must surrender their vehicle, have special ignition installed on the vehicle and/or attend counseling and substance abuse education.
• A defendant who may not have a permanent address may have to wear a tracking device.
• Other kinds of conditions include surrendering passports and random drug testing.

If you fail to appear

The option to be released on your OR can be snatched away as quickly as it was given. You are subject to immediate arrest and jailing if you fail to appear as agreed or fail to comply with any condition. Speak to your defense attorney to learn more about this option for your DUI case.

Contact a law office like Boehmer Law for more information and assistance. 

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