After an Arrest, Will You Always Be Eligible for Bail?

Interviewer: Once I’ve been indicted and have been arrested, will I be able to make bail or get out of jail until the trial starts?

Bail and What Crime You Have Been Charged with: Some Offenses Carry a Presumption of Detention

Paul: That depends primarily on what you are charged with. Some offenses under the federal code carry a presumption of detention based on the severity level of the offense or the nature of the charge. For some of these more serious offenses, there is a presumption that the person will need to stay in custody until the case is resolved. However, I would say that’s the exception, that’s not the rule.

In Most Cases, Your Attorney Will Negotiate with the Prosecutor and the Judge on Your Release Conditions

In the vast majority of cases, counsel is able to negotiate with the prosecutor and discuss with the judge reasonable conditions of pre-trial release. These are conditions that would ensure the defendant’s future appearances at court and conditions that would help give the court some assurance of public safety concerns while the case is proceeding. I try to have conditions of bond or pre-trial release negotiated before my client makes his first appearance in Court.

Interviewer: It could actually be something then that depending on the crime, maybe it’s a violent crime, will play a determination in whether you’re going to even be able to get bail for your client?

Paul: Yes, depending on the nature of the offence, the bond amount may be extremely high or the statute may create a presumption of pre-trial detention.