After the booking and processing of the detainee, he may be eligible for release from jail on bail.
In most cases, the detainee has the following release options:
- Bail Bonds.
- Own Recognizance (“O.R.”)
- Property Bond.
- Cash Bond.
- Citation Release (“Cite Out”)
Release by Bail Bond
Technically, the bail bond is also known as Surety bond. The defendant acquires it by using some licensed bail bond company or agency.
Usually, it is a family member or a friend who contact the bail bond company. The person who handle the paperwork is called a bail bondsman, he is also the one go thru the process for approving the bond. Initiating the bail bond process takes under one hour, in most cases.
The purpose of the bond is to assure the court that the defendant will make all the court appearances required from him. If the accused doesn’t show up for any reason, the bail bond agency will bring the defendant back to the court. Otherwise, it will make sure to pay the full bail amount to the court.
Release by Property Bond
At times, the court allows the defendant to post bail using property bond.
With property bond, the court can enforce a lien on the property that cover the amount of bail. As a rule, the property’s equity must amount to 150% of the full bond sum. If the defendant couldn’t make the court appearance, the court may foreclose on the lien to collect the bail amount.
Property balls are uncommon because they consume so much time, effort, and money than other types of bond. The process is akin to real estate transaction, and as such it requires certified assessment of the property value, title search, equity, etc.
Since most defendants can’t afford to spend a long time in jail and they want to get out as soon as possible. Their best option is using bail bond company.
O.R. – Release On Own Recognizance
In some cases, the court would release the detainees if they A) has a good reputation. B) committed a minor offense. It is called “release on own recognizance.”
In this type of case, the judge has reasons to trust that the defendant will return upon request, and without the motivation of bail.
At the time of O.R. release, the court provides the paperwork which clarifies to the respondent what he needs to know. Notably, the dates he must appear in court, and the rules he should follow. Furthermore, when the court releases the defendant on his Own Recognizance, he does not need a bail bond company.
The cash bail is another option for the detainee. Most often, courts accept cash or cashier’s checks, not credit cards or personal checks.
Moreover, if the defendant wishes to do a cash bond, though, he must ask the court or jail officials about the approved form of payment and appropriate payee. Frequently, the court (or jail) will return the bail bond upon the termination of the case. This is, of course, assuming that the defendant follows all rules while out on bail presented by the courts.
When the court releases the defendant by a cash bond, he does not need a bail bond company either.
A citation release a.k.a “cite out.” The court gives the arrestee written charges and court appearance information. This method is popular in small minor infractions.