Can I be released on bail in a criminal defense matter?
Answer:
You may be released on bail, depending on the judge’s assessment of your case. The judge considers whether you are likely to appear in court and whether your release would pose a danger to the public. A criminal defense attorney can present your community ties and, when appropriate, help coordinate a voluntary surrender and an early bond hearing.
A judge determines the terms of bail in a criminal case. At a bond hearing, two central questions are whether the person is a flight risk and whether releasing them would create a danger to the public. The judge considers the charge, any prior criminal history, and the person’s ties to the community when weighing those concerns.
If a defense attorney is retained early enough, the attorney can attend the bond hearing and help present information relevant to those questions. A prosecutor is also often present. Having someone explain your circumstances can help the court understand why you are prepared to appear and defend your case.
Sometimes people contact my office before an arrest because police have told them they are under investigation. My staff and I can meet with the client and communicate with law enforcement to understand the situation. In some cases, it may be possible to address concerns during the investigation before charges are filed. That is not possible in every case.
If charges are going forward, an attorney may be able to coordinate a voluntary surrender with the officer and the court. This can help arrange a bond hearing as early as possible, rather than leaving the person waiting in jail after an unexpected arrest. These arrangements depend on the circumstances and cannot be guaranteed.
Retaining local counsel and voluntarily turning yourself in may help demonstrate that you intend to face the charge rather than flee. Preparing early allows your attorney to address those concerns at the bond hearing and help you begin defending your case.