Bail Differs From State To State

Here in Nevada, we bail out folks from Oregon under Nevada law and statutes, but in Oregon bail is rather different from most states for defendants who have been arrested for crimes. Oregon does not have traditional bail, bail bonds, and bail bondsman. Oregon does have bail, but it’s more accurately referred to as “security release.”

Oregon Bail and Security Release Agreements

Unlike 46 other states, Oregon doesn’t have commercial bail bonding, bail bonds, or bail bondsmen. Therefore, if a defendant “skips bail” in Oregon (e.g. leaves or flees Oregon to avoid legal jurisdiction or to avoid court), you won’t see a bounty hunter involved. Law enforcement will make the arrest. Not a bounty hunter or bail bondsman. Oregon is one of only four states that don’t allow bail bonds. Illinois, Kentucky, and Wisconsin are the other states.

Prior to the 1970 Oregon had a bail system. However, in 1978 the Oregon Supreme Court ruled in the case of State v. Epps that the capture by bail agents of a California man in Oregon who had been avoiding justice was kidnapping. This effectively banned bounty hunting in the State of Oregon.

Oregon Security Release: ORS 135.265 provides for the terms of a security release (or informally, “release on bail”). If a judge sets security in an Oregon criminal case, it will be in an amount that will reasonably assure the defendant’s appearance at future court appearances. The defendant will execute a security release in the amount set by the judge. What makes Oregon different from other states is that only ten percent (10%) must be posted. Technically, the deposit can’t be under $25.00. For example: If the security is set at $5,000.00, the defendant will have to post $500.00 (10%) to be released from jail.

How Do You Post Security in Oregon?

You pay security to the court clerk. The clerk will issue a receipt for the amount deposited. The government will keep any interest generated by the deposit. Unless the court orders otherwise, at the conclusion of the case the defendant only gets 85% back. The government keeps fifteen percent (15%) up to $750.00.

When Do I Get My Security Deposit Back?

Before you pay any money to get out of jail– and before you ask friends or family members to post security for you– understand the following:

• The court will almost certainly keep 15% of the deposit posted for administrative costs.
• At the end of your case, the court may order that the remainder of the security deposit be applied toward payment of any fines, costs, assessments, restitution, attorney fees or other financial obligations imposed in this case or any Oregon case in which you money.
• If you violate any terms of the release agreement, the court may order the security deposit amount forfeited to the government.
• Any refund will be made payable to the person who posted the money (unless otherwise ordered by the court). It is your responsibility to notify the court if your address changes.
• The refund of your deposit can take weeks to process.

Oregon Security Release Agreements

When a defendant posts security, they also typically sign a release agreement. The security release agreement is a written agreement with the court that typically contains several requirements. Examples of conditions may include, but not be limited to:

• Return to court to appear at all scheduled court appearances.
• Have no contact with the named victim in the case (if any).
• Do not leave the state of Oregon without written approval from the court.
• Notify the court of any change of address.
• Do not drive unless properly licensed and insured (in DUI cases or where there are driving crimes).

If you or someone you care about is facing a “bail hearing” or security release agreement, contact a criminal defense attorney. It is often possible to reduce or even eliminate the need to post large amounts of money to secure a defendant’s release.

The reality is that the Bail Bond Industry is set up for only one purpose and that is making sure you will show up in court while staying out of jail until the process is completed and settled.

Don’t hesitate to call Bail Stop Bail Bonds with any questions you may have about your situation or the bail process in the state of Nevada.

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