Release from Custody

The best place to fight your criminal case is out of custody

If you or someone you know is in custody or under investigation and may be arrested, contact criminal defense lawyers Hamasaki Law for help in securing their release.

  • Own Recognizance Release
  • Setting Terms of Release
  • Bail in a Criminal Case
  • Paying Bail
  • Surrendering on a Warrant

If you are in custody at the time of your first court appearance, your criminal defense lawyer can request that you be released on your own recognizance. This procedure is commonly referred to as "OR" release. There are a number of factors that judges can consider in determining whether or not to release an individual on their own recognizance. These same factors may be considered in determining the amount of bail to set.

The primary factors are whether you are likely to return to court for future court dates and whether you present a danger to the community. Some of the factors that judges may consider:

  • Family ties in the area: Judges will look to whether the individual has family ties in the area that may make them more likely to stay in the area if they are released.

  • Employment: Being employed is one of the factors that a court may consider in determining release from custody. Having a stable job can be helpful in convincing a court that an individual is going to appear at future court dates.

  • Ties to the community: Any other ties to the community can be considered by the judge, whether it is religious, spiritual or being part of an ongoing group or association that increases involvement in the community.

  • Criminal history: A judge may consider an individual's prior criminal history in deciding whether to release them from custody.

  • Prior appearances in court: Courts will also consider whether or not they have made all of their prior appearances in court on other matters.

  • Current charges: The judge will generally consider the charges that you are in custody on in deciding whether or not to release you from custody.

Our defense lawyers can often work out terms of release that allow an individual to be released if they follow certain conditions. The types of conditions vary according to the nature of the case and the individual. While we always try and avoid having restrictions on your freedom imposed, sometimes we can find a creative option that will allow an individual to be released from custody during the duration of the case.

When a criminal case is filed, an arrest is made, or a warrant is issued, an initial bail is set. Bail is generally set according to what is known as a bail schedule. A bail schedule lists the amount of money that an individual has to provide in order to be released from custody.

At the initial court appearance, a criminal defense attorney can argue for a reduction in an individual's bail or for OR release. Using the same factors listed above, an experienced criminal defense attorney can often obtain a reduction in bail or have an individual released on their own recognizance.

Bail can usually be paid any of the following ways:


  • Pay the full bail: Most counties will take cash or check for the full amount of the bail. Some counties allow for payment by credit card. If you can pay the full bail, you will receive all of your money back at the end of the criminal case, minus any small administrative fees.

  • Post bond: The lawyers at Hamasaki Law can put you in touch with a bail bonds agent in counties throughout the Bay Area. In return for 10% of the bail, the bondsman will post a bond on your behalf allowing for your release from custody. If you retain Hamasaki Law, the bondsman will require only 8% of the total bail in order to secure release from custody.

If there is a warrant out for your arrest, an experienced criminal defense attorney can help guide you through the process of surrendering on the warrant. Hamasaki Law will work together with a bail agent or the jail to ensure that you are processed and released as quickly as possible.

If you need help getting someone you know released from custody, contact Hamasaki Law today for a free consultation.

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