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Bail FAQ


Nevertheless, if you can't afford your bail and you don't have a friend or relative that can help out, a bond seller may be your only option. You can find one by looking in the Yellow Pages; you're also likely to find bond sellers' offices very close to any jail.Finally, be ready to pay in cash, a money order or a cashier's check. Jails and bond sellers usually do not take credit cards or personal checks for bail.

Is it true that a defendant who proves his reliability can get out of jail on his word alone?

Sometimes. This is generally known as releasing someone "on his own recognizance," or "O.R." A defendant released O.R. must simply sign a promise to show up in court. He doesn't have to post bail. A defendant commonly requests release on his own recognizance at his first court appearance. If the judge denies the request, he then asks for low bail.

In general, defendants who are released O.R. have strong ties to a community, making them unlikely to flee. Factors that may convince a judge to grant an O.R. release include the following:

  • The defendant has other family members (most likely parents, a spouse or children) living in the community.
  • The defendant has resided in the community for many years.
  • The defendant has a job.
  • The defendant has little or no past criminal record, or any previous criminal problems were minor and occurred many years earlier.
  • The defendant has been charged with previous crimes and has always appeared as required.
Copyright 2005 Nolo

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