The period between arrest and trial is one of the most confusing and financially stressful moments a family can face. Bail and bond decisions happen quickly, the amounts can be overwhelming, and the consequences of getting it wrong are immediate. This section covers how bail is set and what factors judges consider, the difference between cash bail and a surety bond, how bail bondsmen work and what they charge, what happens when bail conditions are violated, and what families can do when bail is set too high to afford. Understanding the bail system is the first step toward getting a loved one home while their case proceeds. The answers here come from real experience navigating the system from both inside and outside the courtroom. Whether your loved one was just arrested or has been waiting weeks for a bail hearing the information in this section will help you understand your options and make informed decisions quickly. See also our sections on Pending Criminal Charges and Sentencing Questions.
Subject: Bail & bond questions
If he does not post bail, he will have to sit until and throughout the trial. The bond is to assure his appearance. Without the money to back up the promise to appear, the prosecution doesn't trust he will on his own recognizance.
Subject: Bail & bond questions
If you are being held, the arraignment should come within a few days, maybe the next day. This has a lot to do with the charges and what level profile is this case. If there are many jurisdictions involved, they love to create a whole staged media scene patting themselves on the back. They read the charges before a magistrate that sets bail or not. In most cases, the prosecution makes a deal with the defense lawyer for a bail...
Read moreSubject: Bail & bond questions
Arraignment timelines vary based on the charges and how busy the courts are, but in most jurisdictions, including New Mexico, the law requires an initial appearance before a judge within 48 hours of arrest. That initial appearance, sometimes called a first appearance or preliminary hearing, is where bail is addressed and the charges are formally presented. The full arraignment, where a defendant enters a plea, can follow quickly or be scheduled for a separate date depending on the case.
For misdemeanor...
Read moreSubject: Bail & bond questions
It depends on the charges and the prior criminal history. If you have more information, we would be happy to try and give you a specific response
Subject: Bail & bond questions
A no-bond designation means the system has flagged her as someone who should not be released before a judge reviews the case in person. It is not necessarily permanent, but it does mean she is going to stay in custody until at least the arraignment or first appearance hearing.
At that hearing, a judge will review the circumstances and decide. Depending on the charge, her criminal history, and the arguments made by her attorney, the judge can do one of three...
Read moreSubject: Bail & bond questions
Once someone has been sentenced, they generally do not go back to court to find out when they will be released. The release date is calculated from the sentence itself, minus applicable good time credits, and is determined administratively by the facility, not by a future court appearance.
Court appearances after sentencing are reserved for specific legal proceedings such as appeals, resentencing hearings, probation or parole violation hearings, or new charges. Routine release processing happens entirely within the correctional system without...
Read moreSubject: Bail & bond questions
Almost certainly neither quickly nor easily. When a judge issues a failure to appear warrant, it is because the person has already demonstrated they would not show up when required. That history makes the judge very unlikely to offer bail again or release someone on their own recognizance, because the entire purpose of bail is to secure future appearances, and that trust has already been broken.
In most failure-to-appear situations, the judge remands the person to custody without bail. That means...
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A $90,000 bond is substantial. If it was reduced, that is a sign that the charges are not deemed as serious or maybe the role in this conspiracy is minor. We'd need more information to be more helpful.
Subject: Bail & bond questions
Using only the information you've given us, our opinion (and we are NOT lawyers) is that the bond is set at arraignment not during the warrant phase. Our instincts tell us that they owe money to the courts for child support or some fine that has triggered the warrant. You can call the Clerk of the Court and find out how the warrant was written. Your answers are in that document.
Subject: Bail & bond questions
If the amount is "0" and he is still there, there is no bond.
