If the person who is taken into custody remains in jail, you must be brought in front of a judge to determine the conditions of your release. At the bail hearing, a judge will determine if you will be released on your own recognizance with the promise to appear in court.
Alternatively, the judge may decide that you are a flight risk and/or that you are a danger to the public safety and weigh additional factors to determine whether a bail amount should be set in a particular case. As a general rule, with a more serious offense it is a very good idea that you arrange to have an experienced lawyer present at the bail hearing, if possible.
See our section on Bonding for more information on this process.