Misdemeanors

Misdemeanor bail refers to the type of bail necessary for a specific type of criminal offense. There are three categories of criminal offenses within the United States: infractions, misdemeanors, and felonies. An infraction carries the penalty of a fine such as in a traffic violation. Misdemeanors are middle of the road criminal offenses and can carry penalties of up to a one year jail sentence, or a $1,000 fine, though, probation or weekend lock-up, are options for punishment, as well. Felonies are the worse type of criminal offense and carry the most severe penalties. They typically carry a minimum sentence of one year in a state penitentiary.
Misdemeanor charges are typically filed on paper, without the need for a hearing. The person accused of the crime is simply mailed court documents, ordering their presence in court on a specific day. This typically results in the accused being released on his or her, “own recognizance”, and formal bail being unnecessary. If the accused is held in jail prior to paperwork being filed, the stay is normally brief in comparison to more serious charges, prior to their issuance of the “promise to appear” citation. Whether a bail bond is required for misdemeanors will depend on the jurisdiction filing the charges and the plea. However, there are cases where “misdemeanors” carry bail, in jurisdictions that do not regularly require it. This occurs when misdemeanor crimes are “elevated” to felonies, when prior similar criminal acts have occurred, the nature of the crime is considered more serious, or the injuries inflicted upon the victim are severe. In many courts, these are referred to as second and third strike laws, where the misdemeanor can include the potential for longer jail sentences, and/or state penitentiary time. In the case of felonies, bail bonds are always required – if bail is even a viable option. It is also true that misdemeanors can be decreased to infractions.
Misdemeanor bail is as binding as any other type of bail bond, though the charges are typically less serious. Whether misdemeanor bail is necessary, or not, the accused is required to appear for court, or will be issued an arrest warrant.