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New Mexico Criminal Defense Attorney

Getting Out Of Jail

Release Options

The Court may consider several release options when setting your conditions of release. These include the following:

  1. Release on own Recognizance (ROR). If the judge is convinced that the defendant is not a risk, the judge may release the defendant on his own recognizance. This means that no bail is required. However, the defendant must abide by all other conditions of release set by the judge.
  2. Cash-only bond. In this situation, the defendant must present the entire amount of the bail set by the judge before he will be released from custody. If defendant appears for all Court dates, he will receive his money back at the end of his case.
  3. Surety bond. In this situation, a bail bondsman may guarantee to the Court the full amount of the bail set by the Court on behalf of the defendant. In this situation, the defendant will typically provide the bail bondsman with 10% of the total bond. For this service, the bail bondsman retains the 10% fee paid to him by the defendant. The bail bondsman provides his guarantee to the Court that he is responsible for the bond if the defendant should fail to appear in Court.
  4. Property bond. The Court records a lien on the property of the defendant or someone posting property on behalf of the defendant to secure the bail amount.
  5. Ten percent to the Court. In some situations, the judge will allow the defendant to post 10% of his total bond with the Court. This means that should the defendant fail to appear for any Court appearance, he, or the party providing the money on his behalf, will be required to pay the full bond to the Court. However, if the defendant keeps all of his Court appearances, he will receive back his 10% payment at the end of his case.

What Happens if You Cannot Make Bail?

If at your arraignment, the judge sets your bond in an amount of money that you are unable to produce, you may file a motion to reconsider the conditions of your release. The Court may consider lowering your bond if significant time has passed while you have remained in custody, or if you or your legal counsel are able to provide additional information that supports the imposition of a lower bond. The Court may also consider other alternatives to posting bond, such as a release into third-party custody, or house arrest.

Who We Recommend in Albuquerque

If you elect to use a bail bondsman in Albuquerque, we recommend the following bonding company:
Jackie Sanchez Bail Bonds
401 Mountain Rd., N.W., Albuquerque, NM 87102
505-242-2202 (main office)
505-328-2085 (cell phone)

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