Everyone arrested for a crime or serious traffic violation has the right to a bail review hearing. They will first see a Commissioner who will decide whether to release them on their own recognizance, set bail, or deny bail. If they are not released, they will have a bail review hearing in front of a judge on the next business day. Note that if you are arrested on a Friday, your bail review hearing will not be until the following Monday if you are not released. These hearings are usual virtual hearings.

At the bail review hearing, the judge will consider many factors. These include the seriousness of the charges, whether the Defendant is a flight risk, whether the Defendant has ever failed to appear in court before, whether there is a threat to public safety if the Defendant is released, and the Defendant's prior criminal record. The judge will also consider whether the Defendant has some place to go if released and if it is a place where the Defendant can receive court notices.

A judge can also set conditions to the Defendant's release. These can include no contact with the victim and staying away from the victim's home and place of employment. It can also involve drug or alcohol testing and reporting on a regular basis until the trial date.

If the Defendant is released upon his or her own recognizance, the Defendant will be processed and released. If bail is required, the Defendant will need to have someone post bond which may or may not be a bail bondsman. Bail is required to insure that the Defendant appears for all court dates. It can be forfeited if the Defendant fails to appear for a court proceeding.

Everyone has the right to counsel at a bail review hearing. The Defendant can be represented by private counsel or the Public Defender. An experienced criminal defense attorney will know which points to address to have the best chance of getting the Defendant released from prison.