Understanding how “Bail” works

Q: What is bail? Who is allowed to pay it? What does a bail bondsman do?

A: This is a frequently asked criminal law question, and important to understand. In Oregon, “bail” is a method for ensuring a criminal defendant’s compliance with conditions of release, such as: making future court appearances, abiding by no contact orders, abstaining from intoxicants, not purchasing or possessing firearms during the pendency of a case, not leaving the state of Oregon, notifying the court of future address changes, and any other similar conditions that the court might impose, depending on the case.

Most states use the traditional bail method, which means you would need a bail bondsman to help post “bond” in a criminal case. When most people think of bail, they undoubtedly picture a bail bondsman. Think, “Dog the Bounty Hunter”. Only Wisconsin, Kentucky, and Illinois, along with Oregon, do not allow bail bonds. Oregon does have bail, but technically it is “security release” more than it is “bail”.

Oregon Revised Statue (“ORS”) 135.265 Security Release governs the terms (rules) of security in cases where the judge has set “bail”. Posting security is known informally as “release on bail”. The defendant then executes a security release in the amount set by the judge. The difference in Oregon compared to other states is that only 10% of the security amount must be posted in order to qualify for the release.

Here are some things to consider before posting security release for yourself or another person:

• The court will automatically keep 15% of the security release posted (not less than $5.00 and not more than $750.00).
• The court will, unless otherwise ordered, apply the security release deposit to any financial obligations on the case to which it was posted, and any other financial obligations the defendant owes within the State of Oregon, including child support arrears.
• If the defendant fails to appear at the next scheduled court hearing, the court may order forfeiture of the entire security release posted, as well as a security judgment for the full amount of the ordered security release. Example: Judge orders $10,000 security release, 10% posted is $1,000 for defendant’s release. If a security judgment is imposed, the payee will be responsible for the full amount of the $10,000.
• Refunds are disbursed to the person posting the bail once the case is closed or exonerated and will be mailed to the address listed on the bail receipt. If a change of address is needed, a written request must be submitted to the court by the person posting the bail.
• If bail funds are deposited in the Inmates Trust Account by anyone other than the defendant, and the defendant self-bails, a refund will be issued to the defendant – not the person depositing the funds in the account.
• The state is not required to refund bail posted. Once posted, the State will go through their process in applying funds anywhere else, before being returned to the defendant.

If you are facing any stage of a criminal proceeding, it is best to have counsel representing you. It may be possible for your attorney to reduce or eliminate the need to post security to ensure a defendant’s release from custody.

Q: What are the disadvantages of getting a payday loan?

A: This is a crucial question. I’ve filed over 80 bankruptcies on behalf of folks in Umatilla County. In my experience, most people facing bankruptcy have taken a payday loan to make ends meet.

We are living in challenging times, and money is often tight. Most Americans are now living paycheck to paycheck. When you’re counting every dollar just to get by, even a minor increase in expenses can completely derail your budget.

This is where payday loans come in. The terms seem manageable. You may feel out of options. I’m in so deep, what can this one more bill hurt? It’s better than being evicted, right?

In your case, you might survive, pay off the terms, and remain cash flow positive. But in many instances, this band-aid is the beginning of the end. Once you start payday loans, you keep going back. You need that cash to make other ends meet, and the cycle gets worse and worse.

As an attorney, I am strictly prohibited from giving financial advice. But, if you are considering a payday loan, I can tell you to talk to an attorney about bankruptcy, an accountant about bookkeeping, or a financial advisor about investments.

Blaine Clooten is an attorney specializing in Personal Injury, Family Law and Estate Planning. Visit www.oregonlegalfirm.com for more details. Questions answered do not create an attorney-client relationship. Answers are for general information and are not legal advice.