Pretrial Release – What is It All About?

By October 18, 2019Bail Bonds
court gavel, justice concept

Pretrial release is a legal term that refers to the release of a defendant from jail while their criminal case is pending in court. The release typically starts with a bail or bail bond. It is a collateral that a defendant or his/her surety pays in exchange for the defendant’s temporary liberty and commitment that he/she will return to court to attend all scheduled court dates. A breach of this commitment can be sufficient grounds for the forfeiture of the total bail amount and possible rearrest of the defendant. If you act as a surety or cosigner of the bail bond, you will risk losing the money or property you posted as a guarantee for the defendant’s provisional release.

There are three main types of Bail Bonds:

1. Personal Recognizance Bond (PR Bond)

This refers to a defendant’s release based on his or her personal cognizance such as a job or status in the community. Defendants who are released on personal recognizance are not required to pay any bail amount. They are released because the court believes in their integrity and promise to return to court to be present on their court dates.

2. Cash Bond

This is the amount of money in cash a defendant or his representative deposits in court in exchange for his/her temporary freedom. There are some jurisdictions that accept credit cards or checks and still treat them as cash bonds.

3. Surety Bond

This is the type of bond that is posted by someone else (e.g. a friend, relative or family member) for the defendant. It is actually a contract between these parties:

  • the defendant (principal)
  • the court (obligee), and
  • the surety (cosigner or bail bond company) – the party that provides financial guarantee to the court on behalf of the principal

A surety bond can be obtained from an Adams County Bail Bonds agent. It is a guarantee from the bail bond company that the surety will pay the court the total bail amount should the bail be forfeited for the defendant’s failure to comply with the bond terms.

Conditions Required for Pretrial Release

  • There is no standard rule for pretrial release as rules vary from one state to another. Pretrial release rules can even vary from one county to another within the same state. Generally, pretrial release conditions are focused on the following objectives:
  • Ensure the security and safety of the victim
  • Ensure that the defendant is not a threat to the community
  • Ensure that the defendant is not a flight risk
  • Ensure that the defendant returns to court on all scheduled hearing dates
  • Ensure the defendant’s good behavior while out on bail

For DUI offenses, ensure that the defendant will drive responsibly while on bail by ordering them to install an ignition interlock device on their vehicle while they’re on pretrial release

The general bail objectives are typically applied to regular crimes. More serious crimes however, can be subject to more stringent conditions and in some cases, the defendants are required to:

  • Submit a DNA sample
  • Report on a weekly basis
  • Submit to regular drug tests
  • Attend counseling

Pretrial release is a very enticing privilege but some of its conditions are frustrating for defendants. This is especially true in instances where they are required to submit to conditions as if they are already guilty, or the bail amount is too high they can’t afford it. But because freedom, however short or temporary is so valuable, many defendants still want to get it through pretrial release with professional help from experienced Adams County Bail Bonds agencies.

If you are arrested and you happen to be given difficult bond conditions, you may file a motion to ask the court that your bail amount be reduced or your bond conditions amended. If your motion is granted, you must strive to convince the court that you’re not a flight risk and that you sincerely intend to show good behavior after release.

If you’ve been subjected to arrest, contact an attorney and a competent bail bondsman for your case. If your arrest happens in the jurisdiction of Adams County, find a reliable provider of bail bonds near Adams County Jail like Red’s Anytime Bail Bonds.

Call us anytime at (303) 623-2245 for excellent bail bond services.

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