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If you are in legal custody as a suspect in a crime, one of your first concerns should be securing your freedom. In addition to compromising your freedom, being under arrest could impact several aspects of your life, including family obligations and employment. Fortunately, you have a constitutional right to bail.
While not every person is eligible for bail, the court could allow you to secure your freedom on bail as the case continues. However, what if you do not have the cash to post your offense’s bail? If that is the case, you do not have to fret because there are other non-monetary bail alternatives you can try to secure your pretrial release.
These mechanisms help ensure your appearance on the scheduled dates while maintaining public safety. The legal assistance of an attorney would go a long way if you are under arrest and want to secure your freedom without delay.
Common Pretrial Release Options You Ought to Know
Following an arrest, the police will detain you until you post bail. In some cases, the police will allow you to secure your freedom after signing a citation to make you attend all the scheduled future court appearances. However, you will remain in legal custody for grave offenses pending the court's decision on your eligibility for a pretrial release on bail.
The court will deny you bail if your case is a capital crime or if you are a threat to public safety. Other factors influencing your eligibility for bail include your criminal record, the seriousness of the alleged offense, and whether you are a flight risk. If the court sets your bail, you must figure out how to pay the amount as soon as possible to secure your freedom.
Settling the court-set bail amount using cash is one of the ways you can secure your pretrial freedom pending the outcome of your case. However, if you do not have sufficient funds to post bail, you can opt for other pretrial release options to secure your freedom. Common pretrial release options you could qualify for include the following:
A Bail Bond
A bail bond is a common alternative to cash bail following an arrest. If you do not have the money to post your offense’s bail, you can turn to a bail bondsman to secure a quick release. A bail bond is a financial guarantee that a bail bondsman posts with the court in exchange for a non-refundable ten percent of your bail as a service fee.
However, while a bail bond is a reliable pretrial release option, it attracts some financial obligations. When you fail to make court appearances, the bail bondsman will hold you accountable for your full bail amount.
An Own Recognizance (O.R.) Release
Another alternative to bail you should know if you are under arrest is the O.R. release, which allows you to secure your freedom without bail if you sign a citation to return to court on a future date. You are more likely to qualify for this alternative to bail if:
- The alleged offense is non-serious
- You have no prior record
- You have strong family and community ties
A skilled attorney can help increase your odds of qualifying for this non-monetary alternative to bail following an arrest. When you breach the terms of your release without bail by failing to make your court appearances, the court will issue an arrest warrant, permitting the police to arrest and detain you.
Supervised Pretrial Release
Sometimes, the court may impose supervised pre-trial release conditions and requirements rather than bail. The specific conditions the court will impose if you are an excellent candidate for this non-monetary bail alternative will depend on the facts of your unique case and whether you are a threat to public safety. However, generally speaking, these conditions could include:
- Frequent alcohol and drug testing
- Regular check-ins with a court-appointed pretrial officer
- Comply with travel and curfew restrictions
- Agree to a GPS ankle bracelet or any other electronic monitoring device
While this pretrial release option comes with strict conditions, it will allow you to remain at home, attend school, and work pending the outcome of the alleged offense. Securing supervised pretrial release is worth considering if you seek non-monetary bail alternatives to secure your freedom following an arrest.
Electronic Monitoring
Electronic monitoring has emerged as a pivotal solution in the quest for reliable alternatives to bail. In addition to allowing you to remain free as your case continues, this cutting-edge technology helps ensure your compliance with the court-set conditions before the judgment of the alleged charge.
Generally speaking, electronic monitoring technology involves wearing ankle bracelets and other GPS devices that provide the local authorities with your location and whereabouts. Some of the benefits of this non-monetary bail alternative include:
- It offers you flexibility — It allows you to move on with your life, including attending school and maintaining employment
- It helps lessen jail overcrowding — By allowing you to go home to await your case trial date, electronic monitoring as an alternative to bail can help combat jail overcrowding
- It is cost-effective — Electronic monitoring saves the government money and resources associated with imprisonment.
- It helps improve compliance with pretrial release terms — The GPS device, which tracks your locations and whereabouts, helps ensure your adherence to court-set terms and requirements, particularly those related to travel and curfew
These benefits show why electronic monitoring has become a common pretrial release option for arrestees in legal custody.
If you cannot post cash bail to secure your release, your attorney can help you explore other alternatives to bail, including electronic monitoring. He/she will review your case to determine which of the above-explained pretrial release options are ideal for you. Working with a seasoned attorney is the rule of thumb if you seek non-monetary bail alternatives after an arrest.
Find a Bail Bondsman Near Me
As you can see above, there are several alternatives to bail. If you are indigent or are not ready to put your money on the line for your freedom, your attorney can help you explore other non-monetary bail alternatives.
What matters when you are in legal custody as a suspect in a criminal offense is securing your pretrial release to go home to your loved ones, and you want that to happen as soon as possible. However, that could seem impossible if you do not have cash to post your bail.
When that happens to you or a loved one, our bail bondsmen at 24 Hours Bail Bonds can offer you fast bail bond services to secure your freedom. Call us at 800-930-8999 to schedule your consultation with us, wherever you are in California.
