Bail Issues: Will I Be Held?

 When you are arrested, you will likely be held on bail at the police station. If you are able to post bail, you will be released to appear in court the following day for your arraignment in court. If you are unable to post bail, you will be held at the police station until you are brought to court for your arraignment. You are able to get posted money back once your case has been resolved and if you have been to every court appearance without a default.

The bail that I want to focus on in this blog is the bail assigned by the judge at your arraignment. At this hearing, the slate is wiped clean and you or your attorney must make an argument before the court to request a small cash bail or to release you on personal recognizance if the District Attorney requests bail. This argument is based on your likelihood of returning to court and not being charged with any new offenses while out. It is important to point out things like employment, people counting on you, community involvement and obligations, as well as, financial ability to post bail weighed against recognition for and gravity of crime(s) charged. If the judge sees you as a flight risk or as an individual who will end up with new charges, bail will likely be set and if it is set, you will be held in a county house of corrections while your case is pending. You can be held up to 90 days.

In my opinion, far too many people are held for non-serious matters. THIS COSTS A LOT OF MONEY. See:  https://www.bostonglobe.com/ideas/2016/07/13/crime/UhvBAO75iVWF1Xn88QNzbK/story.html.

If you were released on personal recognizance or posted bail and then committed a new offense you could be held by the judge and the District Attorney may seek to revoke your bail on the initial charge. Also, if the charge is one that the DA feels is particularly dangerous and by releasing you there is a likelihood that your release will put the lives of others in danger and if the charge is a felony,  the DA may seek to have you held pending a dangerousness hearing. Dangerousness hearings and motions to revoke will be discussed in future blogs.