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The Impact of Bail and Pretrial Detention on Criminal Cases

December 29, 2023 in Criminal Defense

Criminal cases typically begin with an arrest. Whether an individual is incarcerated or at liberty while the case proceeds through the system will depend on several factors. This article is written to explain the impact that being released pending trial or being held in pretrial detention can have on a case. If you are in need of assistance then contact our office today to speak with a lawyer.

Individuals May be Released on Their Own Recognizance, Granted Bail, or Held in Pretrial Detention

When an individual is arrested by law enforcement then they will be immediately booked. Pretrial Services will provide information to the Court about the accused individual. This information will include the individual’s criminal history as well as an analysis as to whether the individual is a “flight risk.” There are three possible outcomes that the Court can reach when determining whether the accused should remain in custody pending trial. These potential outcomes are:

  • Release on one’s own recognizance – this entails an individual being released without having to post a bond. The Judge will order them to return for future court dates and that they stay out of trouble.
  • Release with bond and conditions – this entails the individual posting a bond through a bail bondsman. They may also be required to meet certain conditions, such as checking in with a supervisor while their case is pending. If the individual does not appear for their Court dates, or if they are taken into custody on a new offense, then their bond may be revoked.
  • Detention without bail – this occurs when a Court finds that an individual must remain in custody pending trial.

The Court’s decision will be based on the alleged offense, the individual’s prior criminal history, ties to the community and more. 

Individuals Must Not Commit New Offenses if They are Free Pending Trial

If you are released from custody then it is important that you not commit new offenses between your time of release and trial. If you do commit a new offense then, first, you will be taken back into custody and will likely remain incarcerated until the time of trial. Second, you will face additional charges due to the new offense. Also, the commission of a new crime is a factor that the judge may consider at the time of sentencing. Your time at liberty, pending trial, should be seen as an opportunity to show the Court that you can stay out of trouble.

Contact A San Luis Obispo Criminal Defense Attorney To Request Bail

If you are being held pending trial then it is possible to make an additional request for bail. Our firm can assist you or a family member with such a request and we will provide quality representation throughout your case. We believe that everyone is entitled to both a strong defense and respect. Contact us online or by telephone at 805-546-8797 to schedule an appointment with a San Luis Obispo criminal defense attorney.

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