For most misdemeanor offenses, the person arrested will often be released from custody after a few hours. This includes Fourth Degree Misdemeanor DWI, Misdemeanor Theft, Misdemeanor Drug Possession, Disorderly Conduct, and minor traffic offenses. If you are trying to figure out how to get someone out of jail that was arrested for one of these offenses, then you can call the jail, sheriff’s office, or police department where the incident took place (often county jail, county sheriff’s office, or city police department). If you are lucky enough to have someone answer the phone, you can simply ask when they expect the person you are calling about to be released.
On few of those misdemeanor offenses described above, the jail requires a very small amount of bail to be paid before they allow the person to be released. This often has to be paid in an exact amount of cash or certified funds.
Some misdemeanor offenses, such as assault and domestic assault, will most frequently result in a longer custody stay. In those cases, the person arrested will wait to see the judge on the next scheduled court day, or the day after. At that court appearance, the judge will often impose conditions of release on the person arrested, such as a no contact order with the alleged victim among other conditions. Bail is also a possibility in that scenario.
In many Gross Misdemeanor cases, the person arrested will also have to wait and see the judge for conditions and possibly bail to be set. In some Gross Misdemeanor DWI cases, such as 2nd Degree DWI and 3rd Degree DWI, an attorney may be able to get bail set over the weekend or during a non-court day. Depending on the county and its procedures, the attorney may be able to contact a judge to get bail set during those times. In some other counties, a judge will come in and review cases of people who have been recently arrested and determine on their own whether bail will be set. Furthermore, in some counties a conditional release officer will come by and ask the person whether they want to accept conditions of release, such as no-use of alcohol or non-prescribed drugs to get out of jail.
In the overwhelming majority of Felony cases, the person arrested will have to wait to see a judge to find out whether bail will be required or if they will be allowed to be released on their own recognizance and promise to appear at future court hearings. The more serious the felony, the more likely bail will be set along with conditions of release while the court process plays out.