Once a person is in police custody and is charged with an alleged offense, he or she may get out of jail either by posting bail or obtaining a bond. A judge will determine the amount of bail based on factors like severity of the offense, the likelihood the defendant will commit additional crimes after being released, and the chances the defendant will leave the jurisdiction before trial. A judge may set the bail at any amount that is not unreasonable or deny bail altogether. 

hand in jail.

If the case is too serious for a consent bond the attorney needs to get a bond hearing as soon as possible. The  attorney and client must be prepared to present key witnesses for relating to the four factors a judge will consider for a bond: flight risks, potential to commit other crimes, nature  of crime and potential witness intimidation.

Bail vs Bond

The words “bail” and bond” are often used interchangeably when it comes to release from jail. While they are closely related to each other, they are not the same thing. 

  • Bail: the money a defendant must pay in order to get out of jail
  • Bond: posted on a defendant’s behalf, usually by a bail bond company, to secure release

Bail is not intended as a punishment. Instead, it is a way of securing a defendant’s agreement to abide by certain conditions and return to court. Essentially, bail is collateral left with the court to ensure that after the defendant gets released, he or she will return for the remaining court appearances for the criminal case.  If the defendant fails to appear or violates the conditions of a release, he or she might forfeit the amount paid. If the defendant posted a bond, the bail bond company forfeits the money. 

The experienced legal team at Andersen, Tate & Carr can help guide you through the entire criminal process, including bail hearings and ensuing court appearances. Criminal Defense attorneys Patrick McDonough and Trinity Hundredmark have over 30 years of combined experience. For more information, or to request a case evaluation, call our law office at (770) 467-3205.

We have been very successful at reaching the best possible outcome for our clients, and our attorneys are here to help you through this difficult and stressful time.