Criminal defense attorney Ira Weissman discusses what you need to know about bail…
Bail is something a judge sets to assure that the person’s going to return to court. So it would involve somebody who’s being arraigned and a judge having an opinion based upon all the facts that are presented at an arraignment which is a proceeding in the prosecution of the case whereby the judge feels for whatever reason based upon the person’s criminal history, based upon where they live, based upon the type of crime, the more violent the crime, the more likely a judge is going to consider that the person might be a risk of flight.
If the judge thinks that the person is a risk of flight, he’s going to set bail.
Bail comes in one of two forms. It’s either a cash bail or a bond. Bond involves the purchasing of an insurance policy essentially with a bondsman. And that is you’re paying a premium to somebody who’s then going to tell the court, “Judge, if this person doesn’t come back to court, we will pay whatever dollar amount you’ve set as bond.”
Sometimes what a judge will do is set a cash only bail, meaning he or she is not going to allow for a bond alternative. That judge wants cash posted. He’s not going to rely on somebody posting a bond where it’s just paying a relatively smaller premium and using property, typically a house, as collateral. The judge wants a cash bail only.
Sometimes what we have is when we’re dealing with narcotics cases, the prosecutor and the judge are concerned that “well maybe this person can afford the cash bail that I’ve set, but we’re not sure that the source of the funds of that bail is legitimate”, and so very often when you’re dealing with an allegation of drug sale or drug possession, and if it’s in a large amount, the D.A.’s office will request a bail source hearing. And typically when it’s requested, the court is going to allow for it. So that prior to the bail actually being posted and your friend or your loved one being released, you actually have to have a hearing to show that the source of the funds are legitimate.
Ira Weissman can be reached by calling the Law Office of Naiburg, Obedin and Weissman at (631) 979-7777.