Ask Experts Questions for FREE Help !
Ask
    passmeby's Avatar
    passmeby Posts: 473, Reputation: 11
    Full Member
    		  
    #1

    Jun 23, 2009, 02:14 PM
    Difference between OR and Bail
    What determines if a suspect is either released on bail or his "Own Recognizance"?

    Also, what determines whether a person is jailed vs just ticketed for a misdemeanor?
    DrJ's Avatar
    DrJ Posts: 1,328, Reputation: 339
    Ultra Member
    		  
    #2

    Jun 23, 2009, 02:19 PM

    Answer to question #1: The Judge. And the Judge's decision is based on the nature of the charges and the history of the defendant.

    Answer to question #2: The offense.. some misdemeanors are treated as infractions


    EDIT: Also, it could depend on the county. Some counties jails are full so they will cite misdemeanors more often. Other counties are not so they will actually arrest you for the same offense.
    passmeby's Avatar
    passmeby Posts: 473, Reputation: 11
    Full Member
    		  
    #3

    Jun 23, 2009, 02:33 PM

    Thanks for your answer. How would I find out if a certain misdemeanor is in fact a "jailable" offense?
    DrJ's Avatar
    DrJ Posts: 1,328, Reputation: 339
    Ultra Member
    		  
    #4

    Jun 23, 2009, 02:54 PM

    In theory, every misdemeanor is a "jailable" offense.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #5

    Jun 23, 2009, 02:59 PM

    Felonies are more major crimes and will take up jail space before misdemeanors.
    DrJ's Avatar
    DrJ Posts: 1,328, Reputation: 339
    Ultra Member
    		  
    #6

    Jun 23, 2009, 03:00 PM
    Quote Originally Posted by ScottGem View Post
    Felonies are more major crimes and will take up jail space before misdemeanors.
    That is, if the felony are not major enough to land the offender in prison instead.
    passmeby's Avatar
    passmeby Posts: 473, Reputation: 11
    Full Member
    		  
    #7

    Jun 23, 2009, 04:28 PM

    What I'm talking about is BEFORE trial. I don't mean what misdemeanors can potentially result in jail time AFTER trial, that's simple to find out. I mean, misdemeanor offenses in which the suspect is arrested and instead of just getting a ticket, they are taken to jail. How is this determined? Is it written into the individual laws or is it at the discretion of the officer, or what?

    If it is up to the officer, what sort of justification is reasonable enough to warrant the imprisonment?
    DrJ's Avatar
    DrJ Posts: 1,328, Reputation: 339
    Ultra Member
    		  
    #8

    Jun 23, 2009, 04:40 PM

    If you are suspected of committing a misdemeanor... ANY misdemeanor, you can be taken to jail. Whether you are or not is not written into any law anywhere. It is department to department, county to county.

    If you are looking for specifics, you will probably have to ask your local police officer or sheriff to see what their policy is. Or tell us what county & city you are in and what the offense is and maybe someone will know.

    As for justification... if you are being an a**hole to the officer, he may take you in on something that he normally wouldn't have. That can be completely up to the officer since he has the right & ability to take you in on ANY misdemeanor
Not your question? Ask your question View similar questions
 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Can I take my bail back? [ 1 Answers ]

I paid bail for someone that will not pay me back. Can I go back to the police station and get my bail back?

Bail money [ 3 Answers ]

What is bail money used for?

Bail out Madoff [ 16 Answers ]

With the financial markets already in a state of panic and the global recession expected to worsen in 2009, we can ill afford to allow the financial institutions, charities, and rich idiots that entrusted Bernard Madoff with their money to go bust. As for the widespread contention that since Mr....

If your on probation do you still have a bail? [ 2 Answers ]

My boyfriend will be 18 in February,he's on probation for underaged drinking & marijaunna and today got caught driving with out a license and speeding. What's going to happen? Can I bail him out?

First offense... $50,000 bail? [ 3 Answers ]

My 24 yr old friend was VERY drunk and ditched-(abandoned) by people who were only interested in getting him completely plastered (and most likely trying to take sexual advantage of him as a result) last Saturday-- 10/07/07. He was taken, in a blacked-out state, to an unknown destination and was...

View more questions Search