If you are arrested for domestic violence you may be booked at either the local police station or taken to county jail. There are several options to in order to be released from jail: You can post cash bail, use a bail bondsman or get released on your own recognizance (also known as “OR release”). If you are arrested, you must call an attorney immediately. A skilled criminal defense lawyer can protect you and can work to get you released as quickly as possible.

Why is hiring a lawyer so important? The law forbids someone who is charged with a domestic violence offense from being released on their own recognizance without first having a court hearing, where a judge decides if “OR release” is appropriate. Therefore, unless a cash bail or bond is posted, you must remain in custody until you are brought to court.

The amount of bail is determined by the judge at a bail hearing. In every other proceeding in criminal court, the presumption of innocence applies. However, for bail purposes, the judge will presume you are guilty and will set bail in an amount necessary to secure your appearance in court. He or she will consider both flight risk and danger to the community when determining the amount of bail. It would be quite foolish to try and take on a bail hearing without first hiring the best lawyer you can afford.

Once the amount of bail is determined, a person may be released through two different methods: posting cash bail or posting a bail bond. To be released on cash bail, you must post certified funds (or cash) in the full amount of the bail with either the arresting agency or the clerk of the court. If you make all of your court appearances, the cash will be returned after the case is concluded. However, if you fail to appear, the cash bond is forfeited to the court.

Since many do not have the financial resources to post cash bail, a bail bondsman is typically the best method to secure release. A bail bond is a contract with a bail agent who posts a bond for the full bail amount. A bail bond is an insurance bond and all bondsmen represent insurance companies. The bondsman will generally require both a non-refundable “premium” (which is the fee set, by statute, at 10 percent of the amount of the bond) and “collateral” in order to secure the bond. Collateral is typically a lien placed on some type of titled property. Once the case is over, the bond is exonerated, and the collateral is released.

If you have been arrested or charged with domestic violence, you must contact an experienced criminal defense attorney right away. The District Attorney vigorously pursues domestic violence cases. A simple fight or argument and a call to 911 will likely end up with an arrest and a high bail amount. A criminal defense attorney will fight for your rights and, in many cases, will get you out of jail with significantly reduced bail or even no bail at all.