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Bail
Bail is money or property that an accused person puts forth as security, to assure that they will appear for further criminal proceedings, including the trial and sentencing. Bail may be paid in cash, in the form of a bail bond, or a pledge of property if the court permits this form of security. A bail bond is an agreement with a bail bondsman under which the bondsman puts up bail money in return for a fee.
There is no guaranteed right to a release on bail. If a judge believes that a defendant may flee from the court’s jurisdiction or otherwise fail to appear, or if the crime charged is extremely serious, then bail may be denied or set at such a high figure that a defendant may not realistically be able to post bail.
In much less serious offenses, an individual who is well established in the community with a job, a home, and family to support may be released on relatively low bail. Or, a defendant may be released without bail. This is sometimes referred to as being released in one’s own recognizance, or "R.O.R."
If you are in custody, your attorney will have the opportunity to argue bail. However, it is important to note some courts will not hear a bail argument without what is commonly referred to as an "OR Report." "OR" stands for "Own Recognizance." The "OR" clerk will interview you to see if you present a risk of flight. They will ask about your personal background, your job, where you live, your job history, and what family support you have within the community. Because this is a bail hearing, the only inquiry is 1) whether or not you are likely to flee the state or country if released on just your promise to return for all court proceedings in your case; and 2) the seriousness of the case.
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