When a person has been arrested and charged with criminal wrongdoing, their first thoughts tend to be focused on how to get out of jail. Being forced to remain in jail while awaiting trial is not in anyone’s best interests, as they want to be spending time with an experienced legal representative who has been hired to build their case. Anybody who has been detained is allowed to seek their own release and the options that they have available to them vary greatly depending upon their criminal history and the judge who is presiding over their case. Once studies have been completed, the court makes their recommendation and a few different options are made available. Let’s take a look at what they are and what they mean.
Detained Upon Motion of the Prosecutor
If the prosecutor has reason to believe that the defendant is not fit to be granted bail, they have the ability to file this motion. This motion can be filed with the court at any time, so that the defendant is forced to remain incarcerated until their trial has concluded.
If the judicial officer who has been assigned to the case finds cause to believe that adding certain terms and conditions to the release will increase the likelihood of the defendant appearing in court, they may grant a release that is designed to reduce the flight risk of the accused. For example, they may require the defendant to remain on house arrest and turn in all of their travel documentation (passport, drivers’ license, etc.) before allowing them to return home.
This is the form of release that all defendants find themselves wishing and hoping for when they are first imprisoned. If a defendant is released on their own personal recognizance, they are asked to sign an agreement before their release. This agreement is designed to make sure that they do not engage in any sort of illegal activity that could potentially violate the terms of their release.
Unsecured Appearance Bonds
These releases differ from being released on your own recognizance, as an unsecured bond contains a promise from the party who has been accused of a crime to pay a specific amount of money if they do not appear in court. This allows them to be freed from imprisonment before a trial, without having any cash or collateral on hand.
Released on Monetary Bail
The accused party may be released on monetary bail (a bond payment up front), as opposed to any sort of unsecured bond (an agreement to pay later if they don’t show up to court) that is designed to guarantee their appearance in court. The court may rely on the combination of non-monetary conditions and monetary conditions to make sure that the defendant will appear in court. The amount of the bail is also determined by the severity of the crime and the likelihood that the defendant will flee. These bond amounts can range anywhere from $1,000 on up, and that’s where AAA Bail Bonding can help. If you are in need of a licensed, professional bail bondsman you can click here to find a bail bondsman near you or call us at 1-800-468-1611. We are available 24/7.