Most defendants will be eligible to apply for a bail bond to get out of jail if they wish to use this route; however, not all defendants will qualify for a bail bond. You don’t need to be above or below a certain average household income. You don’t need to be of a certain age. It doesn’t matter if you’ve used a bail bond before or not. There is only one thing, or actually one person, who will decide if you qualify for a bail bond, and that is the judge at your arraignment hearing.
The arraignment hearing occurs after the defendant has been arrested and booked, and before the actual trial. This is when the charges are formally announced and bail is determined. The judge can declare that the defendant to be held without bail – meaning they have to remain in custody (usually for those accused of the most heinous crimes or considered a high flight risk), or the judge can announce that the defendant’s bail is set at a certain price. Bail prices follow a bail schedule that is reviewed annually, and the defendant’s ties to the community and whether or not they have a pre-existing criminal record will also be taken into consideration.