When you are arrested on suspicion of committing a crime in Connecticut, you will be taken to the police station to be booked on the charges. In most cases, you will be required to pay money, known as bail, to be released from custody. While recent bail reforms have changed some of the laws surrounding bail in Connecticut, bail is still mandated in most criminal cases.
Bail is initially set by the police upon arrest, but it may be changed by bail staff after an interview and an evaluation of factors known as weighted release criteria. It may then be reviewed by the court at arraignment. Our Connecticut criminal defense attorneys will advocate for you with the bail staff and in court, working hard to get a reasonable bail set and to get you the best possible outcome for the charges against you.
At The Sills Law Firm, we offer strategic, proactive criminal defense to clients charged with all types of crimes in Connecticut. Our advocacy starts the moment that you retain us, whether you are suspected of a crime or have already been arrested. Reach out to our law offices today to schedule a free initial consultation with a Connecticut criminal defense lawyer.
How Is a Bail Amount Set in Connecticut Criminal Cases?
Bail is the amount of money that a person charged with a criminal offense must post to be released from custody while awaiting trial. If you are arrested in the state of Connecticut, you may be required to post bail to get out of jail prior to trial. For some minor criminal offenses, you may be released without bail on what is known as a promise to appear (PTA).
In Connecticut, bail serves two purposes. It helps to protect the rights of a person accused of a crime while also ensuring that they appear in court for future criminal proceedings.
Bail is set when a person is arrested on suspicion of committing a crime. If a person is arrested pursuant to a warrant, the bail amount may be listed in the warrant. Otherwise, when a person is booked at the police station, bail will be set by the appropriate authorities.
During booking, law enforcement will review the charges and check for any outstanding warrants. At this point, a bail amount is set by the police. If a person cannot post the bond amount set by the police, they will inform bail staff.
A bail commissioner or intake assessment and referral specialist will then conduct an interview to get personal information from the defendant and review the bond amount set by the police. Bail staff can then increase or decrease the amount set by the police.
Bail staff use a guide to determine what type of bail should be required and the amount of bail. These factors are known as the weighted release criteria. They include factors such as:
- The nature and circumstances of the offense
- Any prior convictions
- A prior failure to appear in court
- The defendant’s employment record
- The defendant’s financial resources
- The defendant’s character and mental condition
- The defendant’s family ties
- The defendant’s ties to the community
These factors will be evaluated carefully to determine what an appropriate amount of bail should be, along with any other conditions of release. The bail staff or court may impose conditions such as:
- Remaining under the supervision of a designated person or organization
- Complying with restrictions on travel and who the defendant lives and associates with
- Not engaging in certain activities, such as the use or possession of a dangerous weapon or any intoxicating or controlled substances
- Avoiding all contact with the alleged victim of the crime or a potential witness
The bail staff and/or court can also impose any other condition that is reasonably necessary to ensure that the person comes to court. The recommendations of the bail staff are typically taken very seriously by the court.
If a defendant cannot post bail immediately at the police station, then they will appear before a judge for arraignment, typically within 24 hours. In court, the judge will review the same weighted release factors and determine whether to keep the same bail, increase it, lower it, or release a person without bail. A court may also impose a high cash bond or deny bail entirely in certain cases, including serious violent felonies.
If you are a defendant in a criminal case in Connecticut, you may have to post bail to be released from custody. To be released, you have the option to either pay the entire amount (cash bond), pay 7% of the bond amount for bail of $50,000 or less, or pay the bond through a licensed bail bond agent (for a non-refundable fee). Bail can be posted at the police station before arraignment, at the courthouse (during or after arraignment), or at a correctional facility (if you have been transferred to a jail or prison).
Importantly, if you fail to appear in court after posting bail, the court can order the bond be forfeited. If you used a bail bondsman, then they have the right to locate you and surrender you to the court. You may also be charged with an additional crime of failure to appear.
If you posted your bail in cash or as a 7% bond, you may be able to get it back if:
- You are found not guilty at trial.
- The court grants a diversionary program.
- The complaint or information against you is dismissed.
- You are sentenced by the court.
Your Connecticut criminal defense lawyer plays an important role in bail proceedings. They can advocate for you by presenting mitigating facts to the bail commissioner or judge, or arguing for a lower bail amount or non-financial release. If bail is excessive or your circumstances change, your lawyer can also petition the court to reduce the bond amount. Your attorney can also ensure that you understand all conditions of your release to avoid the possibility of a violation.
Charged with a Crime in Connecticut? Call The Sills Law Firm Today.
In Connecticut, if you are arrested on a criminal offense, there is a strong likelihood that you will be required to post bail to be released from detention. Our Connecticut criminal defense lawyers will represent your interests at every stage of the process, from getting released to negotiating a deal to trial. We will zealously advocate for your rights and work to protect your freedom.
The Sills Law Firm offers fierce legal representation to clients throughout Connecticut who have been charged with a range of criminal offenses. We know that being charged with a crime can be scary and overwhelming. Our job is to help you get the best possible outcome, whether that means working on a plea agreement or fighting for you in court.
To learn more or to schedule a free initial consultation with a Connecticut criminal defense attorney, give us a call at 860-524-8118 or fill out our online contact form.
