Stuck in Jail

  • Attorneys
  • Bail Bonds
Home > Posting Bail in Portland, Ore.: 4 Things to Know

Posting Bail in Portland, Ore.: 4 Things to Know

Hopefully, you are not arrested in Portland for a serious crime that falls under the state’s Measure 11 provisions. That is a law that was passed in 1994 requiring that anyone 15 and older be tried as an adult for certain crimes and also requires mandatory minimum sentences for those offenses. In practice, bail for any of these crimes is extremely high. The 20 crimes on the list range from attempted murder and kidnapping to rape, and having an experienced criminal defense attorney can be invaluable to argue for a reduction in bail. If you are arrested in Portland, here are 4 things that you should know.

Bail process in Portland

Many defendants are brought to the Multnomah County Jail in Portland to be booked and processed. Once that procedure is completed, a defendant can contact a friend or relative by phone to make bail arrangements, unless the defendant has enough cash to post bail without any assistance. Oregon is one of the few states in the country that has no private bail bond industry – state officials believe the system penalizes the poor. Posting bail can take only a few hours for misdemeanor crimes, but the process is more time-consuming if the crime is more serious and a bond hearing must be held.

Types of jail release in Portland.

  •      Personal recognizance. This option is usually limited to non-violent misdemeanors and to defendants with no previous criminal history. The release can be made prior to arraignment by the Recognizance Officer in the jail or at arraignment by the judge. Bail is not set and no money is required for this release option.

  •   Bail. After abolishing the private bail industry in the state, Oregon officials instituted a 10 percent bail system. A defendant, with or without the help of a co-signer, can be released from jail after paying 10 percent of the total bail amount. A defendant who does not show up for all court hearings in the case will be liable for the entire amount of the bail. If a co-signer is involved, he or she is responsible to pay the entire amount of bail to the court.

  •   Pre-Trial Services release. The court may order a defendant to report to Pretrial Release Services. The agency monitors defendants, which could involve anything from daily reporting to a PRS agent or a phone call once or twice a week.


 

Posting bail for someone in Oregon

As long as you have 10 percent of the total amount of the bail – for example, a $5,000 bail would require a $500 payment – Oregon will accept bail from any adult on behalf of any defendant. It’s important to understand your responsibilities as an indemnitor in that situation – you are guaranteeing that the defendant will show up for all scheduled court hearings. If that doesn’t happen, you have agreed to try to find the defendant and to pay the entire amount of bail if the defendant violates any bail conditions. One option would be to put money into the defendant’s jail account. That way, the defendant is posting bail and you do not take on the specific obligations of an indemnitor.

Bond costs and options

Since there is no bail bond industry, there is no fee charged for posting bail – commonly 10 to 15 percent of the bail amount in most states. A defendant or indemnitor who posts 10 percent of the bail amount with the court will receive most of that money back – minus about 15 percent that is set aside for court administrative costs and an indigent defense fund. The only way additional costs are involved is when a defendant skips bail. Whoever put up the 10 percent with the court is legally on the hook for the entire amount of the bail in that situation.

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.

Helpful Articles

Posting Bail in Charlotte, N.C.: 4 Things to Know

While North Carolina has a thriving private bail bond industry, the state’s Department of Insurance does not issue licenses to bounty hunters. Instead, the state issues licenses for bail bond runne...more

Posting Bail in Chicago, Ill.: 4 Things to Know

There are other jail facilities in Chicago in addition to Cook County Jail. But there are none larger – either in Chicago or anywhere else in the country. The jail, which takes up 96 acres of land,...more

Posting Bail in Houston: 4 Things to Know

An arrest in Harris County in Texas is not that unusual. Statistics show that more than 84,500 people were arrested in 2014. Whether a defendant is being held in Harris County Jail, Houston City Ja...more

Stuck in Jail?

Search Jails for nearby Bail Bondsmen NOW!

  • Copyright ©2023 Thryv, Inc. All rights reserved. · Terms of Use · Privacy Policy · Sitemap