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Home > How to Post Bail in Oregon: 5 Things to Know

How to Post Bail in Oregon: 5 Things to Know

In 1974, the state of Oregon outlawed the commercial bail bond system, becoming one of just a handful of states in the U.S. without private bail bond companies. Several efforts since then to reinstate bail bonds have failed. In Oregon, the Pretrial Services Division weighs the risk of all defendants in jail and decides if they should be released or not. Oregon officials say private bail bond companies are interested in making a profit and argue that the wealthy have the advantage with such a system. In Oregon, release from jail should not just be easily available for those with enough money, and a portion of the fees paid for pretrial release of defendants goes to victim restitution. If you are arrested in Oregon, here are 5 things you need to know about getting a pretrial release.

  1. 4 Ways to Get Out of Jail


Personal recognizance – This release option does not require any security to be posted by a defendant. However, it is common for the court to include conditions attached to the release. That could be anything from regular drug tests to a requirement that the defendant attend school or go to work and stay away from the victim or any witnesses in the case.

Conditional release – When the court decides that a personal recognizance release may not be sufficient, based on the crime involved, the defendant’s criminal history and his or her connection to the community, conditions that include supervision are added. The defendant could be released to the custody of an individual or organization that monitors and meets regularly with defendants. The individual could be a family member. If the defendant doesn’t fulfill all conditions imposed by the court, he or she will be required to pay the entire amount of the bail for that offense.

Security release – The third pretrial release option in Oregon requires a defendant to put down 10 percent of the bail for the crime as a deposit with the court. A co-signer can be involved as well in coming up with the deposit. If the defendant shows up for all scheduled court hearings, the court keeps 15 pecent of the deposit and returns the rest to the defendant or co-signer. A defendant who does not qualify for either of the three pretrial release options is remanded to jail until the trial begins.

  1. How to Get Bail


Each county in the state has a Pretrial Release division and release assistance officers interview each defendant who has been arrested and is eligible for pretrial release. A report then recommends if the defendant should be released or not, and which of the three types of release is most appropriate.

  1. What Will Bail Cost


Oregon’s pretrial release program includes fines, fees and assessments, some of which go directly for victim restitution. These are not significant costs in any individual case. In general, the only monetary cost with a pretrial release occurs when a security release is ordered. The court retains 15 percent of that payment, returning the rest to all defendants who show up for their court hearings.

  1. How Long Will I Stay in Jail


Oregon’s pretrial release program is designed to minimize the time a defendant who is qualified for a pretrial release must wait in jail. The process can be delayed if a defendant wants to request a lower release deposit or to challenge a decision that he or she should not be released at all. 

  1. What if I Miss a Court Appearance


Failure to appear in court is a crime with punishment that varies based on the circumstances involved. If a defendant fails to appear after a pretrial release, an arrest warrant will be issued and the defendant will be given a chance to explain the reason for missing the court appearance. Penalties for failure to appear are in addition to any penalty for the original crime, and officers in the Pretrial Release division will take that arrest into account and may decide a defendant should not be offered a second chance at a pretrial release.

Common Questions

What is a bail hearing?

After a defendant is arrested, a bail hearing is scheduled to determine if the defendant is a flight risk and to set the amount of his or her bail or deny the bail and bonds altogether if the defendant is deemed a flight risk.

How long after an arrest does it take to set bail?

States have laws that specify when a bail hearing must take place after an arrest. For most states, the hearing must be held 48 to 72 hours after the arrest – but weekends and holidays will not count towards this time.

What is a bail bond?

A bail bond is a contractual guarantee, issued by a licensed bail bond agent, between the agent the defendant and the court, that promises the court the full bail payment if the defendant does not show up for his or her scheduled court hearing.

How quickly can a bail bond be issued?

Once defendants have received a bail amount at their bail hearing, and contacted a bail bond service, the bail and bonds are usually accomplished within 24 hours of the bail hearing.

What is the cost of a bail bond?

States set the fee for a bail bond, and in most states, the fee is 10 percent of the total bail. This fee is paid to the bond agent for the bond service, and it is a non-refundable fee.

Are there any alternatives to a bail bond?

Yes. Defendants may pay the full price of the bail, opt for a property bond or try to gain a release through their own recognizance.

What if a defendant cannot afford a bail bond?

Defendants who cannot afford a bail bond can try for a release on their own recognizance, search for a bail bond agent who offers a payment plan, or remain in jail until their court hearing.

What happens if a defendant flees?

If a defendant flees the full amount of the bail is due, the defendant will be charged with costs associated with their recovery and the amount of the bail is forever forfeit even after the defendant is recovered.

What type of collateral can be used for a bail bond?

Almost anything of value can be used as collateral for a bail bond, including retirement or private savings, property, or personal items of value such as jewelry or antique collections that belong to the defendant or to family members or friends who accept responsibility for the collateral.

When does the bail bond end?

The process for bail and bonds ends when defendants appear for their court hearing. Regardless of the outcome of their hearing, as long as they show up, the bonds are terminated.

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