One of the most pressing matters for a person who’s arrested is getting out of jail while their case moves through the criminal justice system. It’s up to the court to determine what a person has to do to be released.
Some people who have serious charges might have to remain in police custody until their trial. When a release is possible, it can happen in a few ways.
3 options for release from custody after a criminal charge
Sometimes, the court has predetermined options for what a person can do to secure a release. In other cases, a hearing is necessary to determine what’s going to happen. Generally speaking, you’ll be faced with one of three possible scenarios:
- Release on your own recognizance: This means you don’t need to pay anything to be released. Instead, you only have to sign a document stating that you’ll attend your hearings.
- Release on bail: If the court sets a bail amount, you can secure your release by paying the amount of the bail to the court. This can typically be done using cash or other assets.
- Release using a bail bondsman: This happens when the court issues a bail amount but you don’t have enough money or assets to cover it. Instead, you have to contact a bail bondsman who will write a bond in exchange for you paying a portion of the bail plus fees.
Anyone facing criminal charges in South Dakota should start working on their defense strategy right away. There might be options, such as pre-trial programs or plea deals, that are only available for a limited time. Starting early in the case also gives you a chance to review all the defense strategies that you might be able to use so you can work on the one that you feel is the most suitable to your circumstances.