Address:
151 "B" St. West
Vale, OR 97918
Phone:
541-473-5510
Does Malheur County have bail?
What kind of bonds are accepted in Malheur County?
Who can set bail in Malheur County?
When is bail set in Malheur County Oregon?
Yes, Malheur County does have bail, but not in the traditional sense. Bail, also called a “security release agreement”, can be either personal recognizance or cash or a cash bond.
The State of Oregon does not allow a commercial entity to make money on securing a bond so there are no bail bond companies.
Pay the full bail amount in cash from the defendant, family or friends, or, Cash percentage in lieu of bonds. If the bond order permits, the defendant pays 10 % of the bond amount to the jail or court, which then holds the money until the case is over. 85% of the paid amount is returned if the defendant is acquitted or the case is dismissed with the remaining 15% to cover court costs. The defendant, family or friends can sign off on the bond.
Oregon uses a predetermined bail schedule, so an officer can determine bail at booking. For more serious crimes, a judge is required to set the bail at the first appearance/arraignment.
For less serious and non-violent crimes bail is set according to a bail schedule and this information will be made available during the booking process. For cases requiring a judge to set bail, a hearing will be set within 36 hrs. of arrest, not counting weekends or holidays.
Bail is what the arrested in Malheur County must pay or do to stay out of jail until the first court appearance.
The agreement to bail acts as a promise that the arrested will return to court for court dates and trial. Bail usually refers to a dollar amount, but bail can also mean something that has to be done, or a condition such as reporting to an officer of the court, a curfew, restraining orders or attending a treatment program.
Bail is usually a significant enough amount of money and/or condition that the person will be negatively impacted and has incentive to return to court and not flee. A flight risk usually means that the person would flee the area, and not necessary that they are going to take an airplane.
If a judge in Malheur County feels that the arrested will return to court for further proceedings, the arrested could be released under a conditional release without needing to pay bail money. This is called Released on Own Recognizance, or ROR.
Conditions for ROR might be to obey all court orders and laws, maintain contact with the lawyer, report changes in residence or have no contact with the victim. Family support will show the court that there are people who will make sure that the defendant makes it to court.
If the judge or bail schedule determines that the defendant would be a danger to the public if they were released, bail can be denied, and the person will be detained in the Malheur County Jail until the case is resolved or goes to trial.
Bail can be denied if the defendant did not comply with bail conditions from a previous arrest. Bail is usually denied in cases of violent offenses.
Bail and bond are used interchangeably to mean the same thing but technically, they are different. The bail is the amount to be paid and a bond is a signed document promising payment of the bail amount with certain conditions. Think of a bond as a loan to pay for the bail.
The bond payment is always written to the court in your municipality, Malheur County or district directly and does not go through the defendant. Chances of obtaining a bond from a bond company or clerk of court are better if family is involved.
The thought of being in jail can cause the arrested to panic and try to secure a bond immediately.
DO NOT panic and take the time to understand all the options.
More courts are now trying to work with defendants to make bail work and might provide non-monetary options or even reduce the bail.
Payments to a bond company are not refundable. It is a long process to get back property title or money that was given to the clerk of court or bondsperson to secure the bond. This could put your loved ones into a difficult financial situation.
Another reason not to unnecessarily rush into securing a bond is that if the court notes that you came up with the money to pay a bond company, they may assume you have resources to pay a defense attorney and decline public defense.
On the other hand, as anyone who has ever been involved in their criminal defense understands, fighting your case while ‘out on the streets’ gives you a much better chance of either winning, or getting a more favorable sentence.
Based on a review of information from the arrest, the judge or bail officer will determine and notify the accused of which types of bonds are available to them.
(There have been phone scams where a bond company calls and informs a person that their family member has been arrested and they ask for financial information. A bondsperson will not call asking for money without involvement of the arrested.)
Yes, Malheur County does have bail, but not in the traditional sense. Bail, also called a “security release agreement”, can be either personal recognizance or cash or a cash bond.
The State of Oregon does not allow a commercial entity to make money on securing a bond so there are no bail bond companies.
Pay the full bail amount in cash from the defendant, family or friends, or, Cash percentage in lieu of bonds. If the bond order permits, the defendant pays 10 % of the bond amount to the jail or court, which then holds the money until the case is over. 85% of the paid amount is returned if the defendant is acquitted or the case is dismissed with the remaining 15% to cover court costs. The defendant, family or friends can sign off on the bond.
Oregon uses a predetermined bail schedule, so an officer can determine bail at booking. For more serious crimes, a judge is required to set the bail at the first appearance/arraignment.
For less serious and non-violent crimes bail is set according to a bail schedule and this information will be made available during the booking process. For cases requiring a judge to set bail, a hearing will be set within 36 hrs. of arrest, not counting weekends or holidays.
Yes, your attorney may file a request to reduce or modify bail.
If bail is set 10% must be paid prior to your release. This can be paid by you, family, or friends. Oregon does not allow the use of bail bond agents.
Oregon counties do not currently offer online payment of bail. All payments must be made in person at the county jail where the defendant is being held. Go to the Malheur County Jail for more information about the jails in Malheur County.
Most all jail and courts accept cash, a cashier or bankers’ check. Some accept a credit card with fees. Please contact the jail for specific information on what methods of payment are accepted: Go to the Malheur County Jail for more information about posting bail in Malheur County.
Bail money is returned to the person who paid the bail; in whole or in part once the case is finished. There may be fees, restitution (money to pay for damage caused by the crime) or fines that come out of that amount.
The judge or officer who sets bail determines which kind of bail will be an option for you, but a cash bond and PR bonds usually do not require cash down, though you might have to pay court fees.
A cash bond or a personal recognizance (PR) bond are bonds where someone representing the defendant signs paperwork promising to pay the bail amount if the defendant does not show up to court. There is no money due up front.
If the defendant does not show up, the full amount of the bail will be due to the court and the people who signed the paperwork will be responsible for paying the court and the court will send the sheriff’s department to arrest you.
Cash bonds and PR bonds are types of unsecured bonds because you are not securing it with any money down. In bond terms, a surety is a person who will be responsible to make sure that you will show to court and will be responsible to pay the bond if the arrested person does not show up. A surety can be family, friend or a bondsperson. Your attorney cannot act as a surety.
All bonds are processed through the courts and efforts are being made nationwide not to detain someone on lesser charges due to the inability to pay bail.
Since bail bond regulations may change, it’s best to call Malheur County Jail at 541-473-5510 or contact the court (i.e., Municipal Court, District Court, etc.) where the defendant was charged to confirm current procedures.
Be sure to ask Malheur County Jail or the Malheur County Court Clerk the following questions:
If you feel the bail is too high, contact a lawyer or the defendant’s public defender to see if a bail reduction is possible. Starting the process early will help expedite the defendant’s release.
Having a lawyer or bail agent manage the process will ensure everything goes smoothly.
Option 1 - How to Post Cash Bail at Malheur County Jail
One way to post bail is by paying the full amount in cash, cashier’s check, or money order. Personal checks are not accepted.
Depending on the crime, the amount can range from $100 to $75,000 or more.
To post a cash bond, visit Malheur County Jail or the court where the bail hearing took place. Going directly to the jail may expedite the process, as paperwork must be transferred from the court.
Cashier’s checks and money orders should be made payable to Malheur County Jail, the Malheur County Sheriff’s Office, or the Malheur County Court.
You can purchase money orders at Western Union, Moneygram, or any Post Office.
Option 2 - How to Post a Surety Bond for a Defendant at Malheur County Jail
If the full bail amount isn’t available, a surety bond is an option. A bail agent posts the full amount, and you pay the agent a premium, which is typically 10-15% of the total bail.
For instance, if the bail is $5,000, the premium will cost between $500 and $750.
The bail agent may ask for collateral, such as property or valuables, to ensure compensation if the defendant fails to appear in court.
By signing with a bail agent, you are responsible for the full bail amount if the defendant skips their court appearance.
Option 3 - How to Post a Property Bond for a Defendant at Malheur County Jail
If you own property in Malheur County, you may be able to post a property bond using real estate as collateral. All property owners must be present to sign the bond agreement.
To find out if property outside Malheur County can be used, contact a local bail agent or attorney.
Click here for more details about posting bail at Malheur County Jail.
Anyone over the age of 18 who can produce a valid government-issued photo ID can post bail. Accepted forms of ID include a Photo Driver's License, Passport, or Motor Vehicle issued ID.
In many circumstances, if the defendant has the resources, they can post their own cash bail from jail.
Surety Bonds are arranged by a third party, typically a Oregon state licensed Bail Bond firm.
Juveniles may only be bailed or bonded out of custody by a parent or legal guardian.
