General Info:
Arrest and Booking:
After arrest, the accused is usually taken to a detention facility for booking. This involves recording personal information, taking photos and fingerprints, documenting information about the alleged crime, searching the records for any previous offenses or outstanding warrants, and placing the accused in a holding cell.
Bail:
After arrest and booking, the bail is set. Bail is required to be set within twelve hours of the issuance of the complaint. A judge or magistrate normally sets the bail amount. Because people usually want to get out of jail immediately (instead of waiting to see a judge), most jails have standard bail schedules that specify bail amounts for common crimes. The bail system is designed to guarantee the appearance of the defendant in court. If bail is posted (and there are no other charges pending) the defendant is released until the charges are resolved. The defendant remains free on bail as long as he or she meets the conditions of the bail. Some defendants may be required to post a higher bail, or may be denied bail. In setting or denying bail, the judge or magistrate's first concern is the protection of the community, taking into account the seriousness of the offense and previous criminal record of the accused.
Release Options:
Release on Own Recognizance-R.O.R (or P.R. - Personal Recognizance) is a pre-trial release without any financial security to ensure the appearance of the defendant at court. Release on O.R. is usually given when the defendant is charged with a minor offense, has strong ties to the community (such as full-time employment, property ownership, long-time residence and family in the area) and is deemed a low flight risk. A Cash Bond is made when an individual posts the total amount of the bail (not just 10%) in cash. The defendant may be his or her own guarantor. If the defendant does not appear, the cash bond is forfeited. The cash bond option may be allowed for traffic and other minor violations. However, most states now require a licensed bond agent to guarantee larger bonds. Property Bond Occasionally an individual may be released from custody by posting a property bond with the court. The court records a lien (or right) on the property to guarantee the bail amount. However, this type of bond is rare, and is allowed in only a few jurisdictions. Surety Bond (Common Bail Bond) when a professional bail bond agency guarantees a defendants appearance in court, it's called a surety bond. The bond agency is fully liable for the bail if the defendant does not appear. In turn, the bond agency charges a premium for this service (usually 10% of the bond amount). Additionally, the bail bond agent often requires collateral from a guarantor (the family member or friend who is seeking the release of the accused).