Bail and Pretrial Release: What to Expect

While it is often not possible in serious cases, most people are generally allowed to get out of jail after an arrest as they await their trial date. This is known as pretrial release, and it typically comes with several conditions, including bail.

Understanding these concepts is important for anyone who has been arrested, as it can play an important role in determining whether getting out of jail is a possibility. While the judicial system is designed to prioritize non-monetary release options, the courts will not always make a release possible. Let an attorney from our firm help you evaluate your next steps.

Bail and Bond

Most people are familiar with the concept of bailing out of jail after an arrest. While the terms are often used interchangeably, both bail and bond are distinct options for someone in custody or a crime.

Bail involves paying money or property to the court in exchange for a conditional release pending trial. Usually, the accused or a family member places the full amount into the possession of the court. It is forfeited if the accused does not return to court for their scheduled appearances.

Bond is similar, but it often represents an arrangement made with the court and a bail bond company. The defendant will pay a portion of the bail in addition to a fee to the bondsman.

What these two options have in common is that they involve money—something not every defendant has. The good news is that there are other options for getting out of jail before your trial date.

Pretrial Release

Pretrial release, or PTR, is a non-monetary approach to getting out of jail. This means you could be released without putting down any assets or hiring a bondsman. However, there are typically a number of restrictive conditions that must be followed. This usually includes reporting requirements and mandatory meetings with pretrial services staff, among other things.

Released on Recognizance

For relatively minor charges, most people are ultimately released from jail in exchange for little more than a promise to appear at the next scheduled court date. This outcome is more common than most people realize, but not in serious cases involving bodily injuries or major financial loss. It is more common in cases involving first-time DUI offenders after their blood alcohol levels are below the legal limit.

Discuss Your Case With an Experienced Defense Attorney

With all of these options, it is a good idea to rely on the guidance of an attorney following an arrest. The team at DeFilippo & Pica, PLLC, is here to serve as your advocate throughout this process. From helping secure your release to preparing for trial, we can handle every aspect of your case from start to finish. Contact us today for a case evaluation.