A person can post a cash bond, or they can hire a bail bondsman to post a bond for them.
The advantage to posting a cash bond is that you can expect to get almost all of your money back if the charges are dismissed or you are found not guilty. The disadvantage to a cash bond is that you have to divest yourself of these funds until the case is completed. This can impact your ability to afford an attorney and pay other bills. Hiring a bail bondsman offers you the opportunity to post your bail with a much smaller amount of money out of your pocket. For example, if you were admitted to bail in the amount of $2,000.00. You could hire a bail bondsman for a fee of around $200.00, and they would bail you out. The disadvantage is that once you paid the bail bondsman the fee is nonrefundable.
If you are still in jail, then there are some important timelines to be made aware of. The first important number to remember is 21. A person in jail must be charged by Indictment or Information within 21 days of their arrest and, if they are not and they are in custody, then a person is entitled to an Adversarial Probable Cause Hearing. This hearing is not optional if you demand it, even if the government files on day 22 the required documentation. This hearing is invaluable to you for the following reasons. First, the court is required to hold a hearing giving you the full benefits of due process, to wit: cross-examination, the right to call witnesses, the right to remain silent, and the right to testify on your own behalf. The State cannot simply rely upon a police report; the State will have to have witnesses to testify. Once again, the court will need to determine as to probable cause. The court may find no probable cause and release you on your own recognizance. Remember, a finding of no probable cause is not a finding of Not Guilty. You may still be charged with a crime by the government. The court may find probable cause but reduce your bail based upon the strength of the case against you. Of course, the court might increase your bail.
Many people find themselves unable to bond out of jail, and they are still in jail thirty days after their arrest. Many times, there is no demand made for an adversarial probable cause hearing. Sometimes, the government fails to formally charge a person with a crime within thirty days. The court is supposed to send notice to the prosecutor’s office that unless charges are filed by the 3third day, the court will release a person on their own recognizance. The reality is that courts often don’t notice that a person is in jail for thirty days without being charged. However, your attorney should be aware that you are still in jail and not charged. Ideally, your attorney should file a motion to have you released, and this motion should be filed on the thirtieth day if you have not been formally charged with a crime. The court will hold a hearing on the 3third day and determine whether or not a charging document is in the court file.
At your 33-day hearing, the court will check the court file and see if a charging document has been filed. Often, the documents have been filed and you will be returned to your cell. Sometimes, there will not be a charging document filed by the 3third day. The court is obligated to order your release on your own recognizance unless the government can show good cause as to why the document has not been filed. The court can grant an extension for seven days. However, in no event may a person be held without a charging document for more than 40 days.
Experienced attorneys will alert their clients to this situation and sometimes advise their clients to sit it out and wait until day 41 to file a motion for release. The law is clear that you must be released if no formal charges have been filed within 40 days.