





When someone is arrested, the criminal process will vary, depending on whether they are charged with a misdemeanor or a felony. A misdemeanor case is one where the maximum punishment is one year in county jail, a fine, or combination of jail and a fine. In a felony case, the punishment can be much more severe, and can include confinement in state prison, or even in death penalty cases, death.
The first thing needed in a Criminal case is to get your loved one out of custody!
How do I get my loved one out of jail?
Release from Custody (Bail and R.O.R.)
When you or someone you care about is arrested, we know that one of the first things you want to do is get them out. Well, how you get them out? How about bail? Can it be lowered? Or can he be released on his own recognizance (R.O.R.)?
In general, when someone is arrested for an infraction or misdemeanor,
they may be released with a citation based upon their promise to appear
in court on the date scheduled. They are released on their "own
recognizance" to appear at all future court dates. If they go to
all court appearances, then they never have to worry about bail or being
in custody while their case is being resolved. But if they fail to appear
in court, a bench warrant will be issued for their arrest and they can
be charged with a failure to appear.
Bail is usually more of an issue when it comes to arrests for felonies.
In these types of cases, bail is usually set depending upon the persons
past criminal record and there standing and ties in the community. while
it is possible to be released on their own recognizance, a bail hearing
may be required.
Bail may be posted directly with the court clerk or law enforcement
agency having custody of the defendant. Or a bail bondsman may be used.
Usually a bail bondsman will require a fee of around 10% of the amount
of the bail.
The bail bondsman may also require collateral to secure the bond.
An Experienced New York State criminal defense
attorney can be extremely helpful in getting bail reduced, or helping
a defendant get released on his or her own recognizance.