Bail Hearings & Jail Release

If the person who is taken into custody remains in jail, he or she must be brought in front of a judge to determine the conditions of his or her release. At the bail hearing, a judge will determine if a defendant will be released on his or her own recognizance with the promise to appear in court.

Alternatively, the judge may decide that a person is a flight risk and/or that he or she is a danger to the public safety and weigh additional factors to determine whether a bail amount should be set in a particular case. As a general rule, with a more serious offense it is a very good idea that a defendant arrange to have an experienced lawyer present at the bail hearing, if possible.