| Attorney serving Bentonville, Bella Vista, Rogers, Springdale, Fayetteville, Eureka Springs, Berryville, & surrounding areas in Northwest Arkansas. |
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on this website is
intended to begin the
attorney-client
relationship. Neither The
Bryant Firm nor any
attorney operating under
the auspices of The
Bryant Firm is your
attorney or legal
representation until an
engagement agreement
has been signed by both
you and an attorney at
The Bryant Firm. Nothing
on this site is intended to
be used as legal advice.
Prospective clients
should only rely on legal
advice as said or written
in a letter by a licensed
attorney. Nothing on this
site qualifies as legal
advice.
on this website is
intended to begin the
attorney-client
relationship. Neither The
Bryant Firm nor any
attorney operating under
the auspices of The
Bryant Firm is your
attorney or legal
representation until an
engagement agreement
has been signed by both
you and an attorney at
The Bryant Firm. Nothing
on this site is intended to
be used as legal advice.
Prospective clients
should only rely on legal
advice as said or written
in a letter by a licensed
attorney. Nothing on this
site qualifies as legal
advice.
Citations and Bail Bond
| PRACTICE AREAS |
One of two things happens after a law enforcement officer decides to pursue criminal
action: either the suspect will be issued a citation (as in most traffic offenses) or they will be
arrested and held for a bond hearing (as in most felony cases). A citation will include a date
when the defendant is required to appear in Court. Sometimes, the defendant can simply
pay the fine and avoid that court appearance. Other offenses, depending on the offense and
the court, will require a court appearance.
If a defendant is held for a bond hearing, he or she will appear before a judge within a
couple of days. At the bond hearing, the judge will review the probable cause affidavit and
other relevant information to determine what amount should be posted as bail in order for
the defendant to get out of jail pending trial.
The judge will consider several factors in setting bail, which are stated in Arkansas Rule of
Criminal Procedure 8.5. They are:
The judge at a bond hearing is also required to make sure the defendant understands his or
her constitutional rights. After these two things, the judge can make several possible
decisions. The most desirable outcome of a bond hearing is that the defendant be released
on his or her own recognizance or "O.R." This means that no bail bond will be required and
the defendant will get out of jail pending trial.
Another possibility is that the judge will order a cash bond. This is typical after an arrest for
failure to pay costs and fines on a previous charge. For example, if a defendant is
sentenced to $500.00 in fines for a DWI and fails to pay them, he may be arrested for
failure to pay costs and fines. The judge will likely require a cash bond in the amount
necessary to pay off those costs and fines in order to secure the defendant's release. That
bond is often forfeited at a hearing later.
Yet another possibility is that bail is set in terms of cash or a corporate surety. A surety
bond is like an insurance policy. The defendant pays the bondsman 10% of the bond
amount, plus a nominal bond fee. So if the judge sets bail at $10,000.00 cash or corporate
surety, the defendant would pay the bondsman $1,000.00 plus anywhere between $50 and
$150 as a bond fee. The defendant will likely have to report to the bondsman on a regular
basis pending trial. If the defendant does not appear for court as ordered, the bondsman
will have to pay the full amount of the bond to the Court if he or she cannot find, arrest, and
bring the defendant to court.
It is important to have an attorney as soon as possible after arrest, especially if the
defendant will be held for a bond hearing. Only an attorney knows how each of the above
factors and the bail options tend to interact with each other. Every defendant, except those
charged with capital murder, have the absolute right to reasonable bail pending trial.
action: either the suspect will be issued a citation (as in most traffic offenses) or they will be
arrested and held for a bond hearing (as in most felony cases). A citation will include a date
when the defendant is required to appear in Court. Sometimes, the defendant can simply
pay the fine and avoid that court appearance. Other offenses, depending on the offense and
the court, will require a court appearance.
If a defendant is held for a bond hearing, he or she will appear before a judge within a
couple of days. At the bond hearing, the judge will review the probable cause affidavit and
other relevant information to determine what amount should be posted as bail in order for
the defendant to get out of jail pending trial.
The judge will consider several factors in setting bail, which are stated in Arkansas Rule of
Criminal Procedure 8.5. They are:
- The defendant's employment status, history and financial condition;
- The nature and extent of his family relationships'
- His past and present residence;
- His character and reputation;
- Persons who agree to assist him in attending court at the proper times;
- The nature of the current charge and any mitigating or aggravating factors that may
bear on the likelihood of conviction and the possible penalty; - The defendant's prior criminal record, if any, and, if he previously has been released
pending trial, whether he appeared as required; - Any facts indicating the possibility of violations of law if the defendant is released
without restrictions; and - Any other facts tending to indicate that the defendant has strong ties to the
community and is not likely to flee the jurisdiction.
The judge at a bond hearing is also required to make sure the defendant understands his or
her constitutional rights. After these two things, the judge can make several possible
decisions. The most desirable outcome of a bond hearing is that the defendant be released
on his or her own recognizance or "O.R." This means that no bail bond will be required and
the defendant will get out of jail pending trial.
Another possibility is that the judge will order a cash bond. This is typical after an arrest for
failure to pay costs and fines on a previous charge. For example, if a defendant is
sentenced to $500.00 in fines for a DWI and fails to pay them, he may be arrested for
failure to pay costs and fines. The judge will likely require a cash bond in the amount
necessary to pay off those costs and fines in order to secure the defendant's release. That
bond is often forfeited at a hearing later.
Yet another possibility is that bail is set in terms of cash or a corporate surety. A surety
bond is like an insurance policy. The defendant pays the bondsman 10% of the bond
amount, plus a nominal bond fee. So if the judge sets bail at $10,000.00 cash or corporate
surety, the defendant would pay the bondsman $1,000.00 plus anywhere between $50 and
$150 as a bond fee. The defendant will likely have to report to the bondsman on a regular
basis pending trial. If the defendant does not appear for court as ordered, the bondsman
will have to pay the full amount of the bond to the Court if he or she cannot find, arrest, and
bring the defendant to court.
It is important to have an attorney as soon as possible after arrest, especially if the
defendant will be held for a bond hearing. Only an attorney knows how each of the above
factors and the bail options tend to interact with each other. Every defendant, except those
charged with capital murder, have the absolute right to reasonable bail pending trial.
| The Bryant Firm, P.A. | 9 Halsted Circle | Rogers, AR 72756 Ph: (479)633-8994 | Fax: (479)633-8997 All rights reserved. (c) The Bryant Firm, 2011. |
| Joshua S. Bryant Attorney at Law THE BRYANT FIRM, P.A. 9 Halsted Circle Rogers, AR 72756 (479)633-8994 Fax: (479)633-8997 |