In any criminal case, the defendant may be asked to post bail as a condition of release from jail. You may ask the judge for a bail hearing if you’re facing criminal charges and want to be released from custody. In most cases, you will have two main options regarding how long you can be held without a bond. Read to learn more about it.
What is a Bail Hearing?
A bail hearing is a court proceeding where bail is set for the defendant. Bail is a promise by the defendant to pay a judge or court a certain amount of money if the defendant fails to appear for future court dates.
The judge may allow you to post bail before your trial depending on the criminal charges. During a bail hearing, you will have the opportunity to tell the judge why you should be released from custody without having to post bail. You may have the option of posting a cash bond or a surety bond.
How much and How Long Can You Be Held Without Bond?
If you decide to post a cash bond, you will pay 10% of the total amount of the bond. For example, if the judge sets your pretrial bond at $5,000, you will have to pay $500 to be released from jail.
Bond amounts vary from case to case, but the amount you have to post may depend on the type of criminal charges you face. If you decide to post a surety bond, you will pay a percentage of the total bond amount. Your surety bond will be a contract between you and a bonding company.
The amount you pay will be based on the total bond amount set by the judge. Surety bonds are usually lower than cash bonds, but you must pay a non-refundable fee to the bonding company.
When Can You Be Held Without Bond?
You will likely be held without bond if you are charged with a violent crime, like homicide or assault. But, many other factors can also influence your chances of being released from custody without posting a bond.
If you are suspected of being a flight risk, the judge may deny your request for bond. You are considered a flight risk if the judge believes you are likely to leave the state or country before your trial. The judge may also deny your request for no bond if you have a criminal conviction on your record.