October 31, 2014
When a person is arrested and put into jail, the first thing they want to know is “how do I get out?”
Most people who are arrested, but have not yet gone to trial, are given the option of posting bail. Bail is a specified amount of cash that is set by the court for that person or their family to pay in order to release the detainee from jail.
The person in custody must pay the court this amount in cash or in assets of the same value to ensure that they will return for their court date.
How Is Bail Set?
Bail will vary depending on many different factors. These could include: the crime committed, previous criminal history and the judge who determines the bail. When people are arrested, they often want to post bail so they can get out of jail as soon as possible. It is a Florida law that someone who is arrested must see a judge within 24 hours. This means any individual arrested in Florida will have their bail set within one day.
Most crimes do not require you to have your bail set by a judge. Courts have a standard bail schedule that determines the bail for common crimes. If you have been arrested for a common crime, your bail may set quickly, so you can get out of jail sooner.
What Options Do I Have To Post Bail?
When it comes to paying your bail, you will have several options:
- Paying to full amount in cash or check.
- Signing over property worth the full amount of the bail.
- Hiring a bail bonds company. You pay a portion of the bail to a bondsman, who will then in turn pay the rest of your bond.
Released on Your Own Recognizance
Sometimes, you can get released from prison without paying bail by signing a document promising to show up in court. This is known as getting released on your own recognizance (R.O.R.)
A person requests to be released on O.R. during their first appearance in front a judge. In general, a person will be granted an R.O.R. release if they:
- Have not committed a serious crime
- Have a job
- Have little or no past criminal history
- Has been a resident of the community for years
- They have always appeared in court in the past if they have a previous records
- They have a parent, spouse or child living in the community
While these factors may help, there is no guarantee a person will be released on R.O.R. If the defendant has been denied R.O.R., then they can ask the judge to lower the bail, but it is not guaranteed.
If you or someone you knows has been arrested, call the Khonsari Law Group as soon as possible. We will fight vigorously for your freedom. Do not wait and call KLG today.