How Long Can One Be Held Without Setting Bail?
- Judges determine the time for a bail hearing. Judges normally have arraignment schedules on certain days of the week but some schedule them everyday. Bail hearings and arraignments are usually held at the same time. The judge uses a loose guideline outlining the amount of money required from you, depending on the crime. Hire an attorney before your bail hearing. If you do not have an attorney, the judge will ask you at your hearing if you want the court to appoint legal counsel.
- In most states, the penal code allows the state to hold you after an arrest 24 to 48 hours before a bail hearing or an arraignment. You are taken before a judge at your arraignment where your bail amount is set and the charges against you are read and recorded with the court. The judge expects you to enter a plea of guilty or not guilty to the charges. Once bail is set for your release, other court appearances are scheduled depending on the plea you entered.
- If bail is denied the first time, persistence could eventually pay off. A judge could agree to other bail hearings when your attorney is ready to show further evidence of why bail should be set. A judge must believe you are not a danger to the community or a flight risk--someone likely to flee the area. The judge can deny bail if you are considered a flight risk.
- The judge follows the schedule for bail, but there are other considerations taken into account before your release is granted. Your past criminal history has a large influence on the court's decision. If you have a clean legal record prior to your arrest and the court is confident that you can be trusted to appear in court, your bail is likely to be lower than an individual who committed the same crime but has a criminal history.
Scheduling
Waiting
Conditions
Considerations
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