A judicial hearing to determine whether a prisoner can be released from jail pending further proceedings
The bail hearing is the procedure by which the court will determine the amount of bail that should be set for your release or whether you should be released on their own recognizance (O.R). The prosecutor and defense lawyer will present their bail arguments to the court at the hearing.
Before the court sets bail, most judges will likely first order a bail report from the probation department. Many courts will not set bail without determining whether the prisoner has a criminal record and the seriousness of any prior offenses.
The probation may determine that the prisoner qualifies for release without bail. Part of the O.R. determination will depend on whether the prisoner presents a risk of flight.
The factors considered include:
- Whether the prisoner has a job
- Whether the prisoner lives within the jurisdiction
- The prisoner’s employment history
- Whether the prisoner has ties to the local community, such friends and family
