Pre-Trial Release and Bonds

When any person is arrested, the arresting agency will secure the person’s appearance in court by requiring a posting of money or promise to pay money before being released from custody. This is generally done through bonds. If you are facing a Connecticut DUI charge, you can learn more about bail and bonds on this page.

Types of Bonds

There are many different types of bonds that can be set by the arresting agency before releasing a defendant. 

1. A promise to appear, which is for the least serious of offenses and does not require the defendant to put up any money. This is because the risk that the defendant will flee and not appear for a minor offense is minimal. 
2. A promise to appear with conditions like substance abuse treatment. 
3. A non-surety bond, which is an amount of bond that does not need to be paid, but the defendant will have to forfeit that amount of money in the event that they do not appear for court. 
4. A surety bond of less than $20,000, which the defendant is permitted to post 10% of in cash. This will be returned to the defendant at the conclusion of the case. 
5. A surety bond of more than $20,000, which is a category reserved for the most serious criminal allegations, which carry the greatest risk that the defendant will flee. This bond is designed to ensure that defendants will appear in court or will remain in jail under a case resolution. 

Setting a Bail Bond

The arresting agency will set the amount of bail at the time of the arrest, and the police will notify the bail staff at the court when the defendant cannot make the bond amount that is set by them. The bail staff will conduct an interview with the defendant to get more personal information related to deciding on the bond amount. The bail staff can then decrease or increase the amount that was set by the police. 

Upon review of the bond amount, the bail staff will gather information related to setting an appropriate bail for the defendant and circumstances of release. The factors considered include:

• The nature and circumstances of the offense.
• Prior convictions.
• Prior failures to appear in court.
• Family ties.
• Employment.
• Finances.
• Character and mental condition.
• Ties to the community. 

All of these factors are used to determine if the defendant is a high flight risk and is likely to try and flee or fail to appear in court if released. 

Upon a release for posting the bond amount set for the defendant, there may be certain conditions of that release that are set by the court, including remaining under supervision, restricted traveling, turning over firearms, protective orders for the victim that must be followed, etc. If any of these conditions of release are violated, or if the defendant fails to appear in court, the defendant can be ordered to be re-arrested and charged with an additional crime, and a new bond can be imposed or revoked altogether. 

Getting Your Bond Back

A defendant who posts bail money will often wonder when, if ever, they will get their money back. A defendant will get their money back after a diversionary program is granted, acquittal, dismissal, or sentencing following a conviction. Essentially, once the defendant no longer needs to make court appearances, they will receive their bail money back. 

If you have further questions about bail bonds for Connecticut crimes like DUI, contact my office.