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If you are under arrest or in legal custody as a suspect in a criminal case, your first concern should be securing your release from jail as soon as possible, as the alleged case continues. Understanding the bail process and the available pretrial release options you can utilize when you are in this situation to secure your freedom and move on with your life is vital.

Common pretrial release options you can consider include cash bail and an Own Recognizance release, commonly abbreviated as O.R. release. Unfortunately, whether or not you will qualify for any of these pretrial options will depend on the facts of your unique case. A seasoned criminal defense attorney can help you navigate the bail process efficiently and help you decide the ideal pretrial release option for your unique case.

How Cash Bail Differs from an O.R. Release

After an arrest for an alleged offense, the judge may set a bail amount that you should pay to secure your release from jail as you progress through various stages of the criminal court system. Bail serves as a condition to ensure you appear in court to challenge the alleged violation.

How much the court will require you to pay as bail for your offense will depend on various factors, including your criminal record, whether you are a flight risk, and whether you are a threat to public safety.

If you or a third party (cosigner) pays the set amount, the court will allow you to stay out of legal custody pending your case outcome. Cash bail is the most straightforward way to secure your release from jail after an arrest. You will simply post your entire bail amount in cash or a cashier's check.

However, even if you do not have the entire bail amount, staying in legal custody as your case continues is not an option. With the legal assistance of your attorney, you could qualify for an O.R. release. An O.R. release allows you to stay out of jail after an arrest without posting bail. To qualify for an O.R. release, you must sign a written agreement to return to court to challenge the alleged violation.

A Look at the Pros and Cons of Cash Bail and O.R. Release

Posting cash bail and securing an O.R. releases are reliable ways to obtain pretrial release after an arrest, but each has pros and cons. Here are the pros and cons of cash bail and O.R. release, respectively:

Cash Bail

As mentioned in the previous sentence, posting cash bail is one of the easiest ways to secure pretrial release from jail after an arrest. Here are some benefits and drawbacks of this pretrial release option:

  1. Benefits

Posting cash bail after an arrest has several advantages, including the following:

  • You will be released from jail immediately
  • You can secure your freedom without having to wait for a court ruling
  • You will have control over your money as long as you adhere to the terms of your pretrial release

  1. Drawbacks

While posting cash bail has several advantages, it also has its drawbacks, such as:

  • It can be a financial strain for you and your family because you must post the full bail amount to secure your freedom
  • You will risk losing the bail amount if you fail to make your court appearance as required
  • You cannot utilize this pretrial release option if you are indigent or do not have sufficient money to post bail

An O.R. Release

If you cannot afford your cash bail, securing an O.R. release would be an excellent idea. Listed below are the pros and cons of this pretrial release option:

  1. Pros

Listed below are the benefits of securing, or striving to secure yourself, an O.R. release after an arrest:

  • There is no financial burden of posting the bail amount 
  • You will secure an immediate release from custody 
  • There is reduced stress for you and your family 

  1. Cons

Some of the notable disadvantages of securing an O.R. release after an arrest include the following:

  • You could be ineligible if you have a criminal history
  • The court could impose stricter conditions or monitoring 
  • You could be ineligible if you are a flight risk 

Eligibility Criteria for Securing an O.R. Release After an Arrest

In addition to signing an agreement to make your court appearances, the court will consider several factors when determining whether you qualify for an O.R. release, including:

  • Your criminal history
  • Whether you are a first-time offender
  • Whether you have strong community and family ties
  • Whether you are a threat to the safety of the community
  • The alleged offense is not a violent crime or any violent offense

However, like other pretrial release conditions, the court will impose strict terms and conditions that you must follow as your case progresses, such as:

  • Stay away from the protected persons (restraining orders)
  • Make frequent check-ins with an appointed officer
  • Agree to wear an electronic monitoring device

Benefits of Securing Bail Bond Services After an Arrest

Another pretrial release option you should consider after an arrest is bail bonds. A bail bond is a financial agreement between you, a bail bondsman, and the court. To secure bail bond services after an arrest, you must pay the bail bondsman a non-refundable 10% of your bail as his/her premium. Here are the benefits of securing bail bond services after an arrest for an alleged offense:

  1. You will secure immediate release— It allows you to secure a quicker release from custody, especially if your bail amount is high
  2. The financial burden will lessen — You will only need to pay the bail bondsman a fraction of your full bail amount
  3. You will receive professional guidance — Your bail bondsman can help you navigate the legal system to secure your freedom without delay
  4. Your bail bondsman can offer you flexible options for paying his/her premium, including cash, PayPal, Western Union, and Bitcoin

Find a Bail Bondsman Near Me

If you are under arrest for any alleged offense, your attorney can help you understand your pretrial release options. At Alana's Bail Bonds, we have credible bail bondsmen who can provide you with quick bail bond services to secure your freedom as soon as possible after an arrest. We invite you to call us at 619-468-9333 if you or a loved one is under arrest anywhere in California.