Traditionally, the defendant pays the b… Have you ever had to pay bail or bail someone out of jail?window.googletag = window.googletag || {cmd: []}; This image may not be used by other entities without the express written consent of wikiHow, Inc.
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\u00a9 2021 wikiHow, Inc. All rights reserved. There are 27 references cited in this article, which can be found at the bottom of the page. How do bail bonds work? A cash bond costs the full amount of the bond AND a nonrefundable $25 Sheriff's fee if the bond is posted after regular office hours with the jail. In some situations, the bail release happens almost immediately because the clerk is located in the same facility as the jail, while in other situations it may take several hours or more for the defendant to be released. Instead of paying any cash to be released, the defendant must sign an agreement stating that if she doesn’t appear at court as required, he or she will be required to surrender the bail amount. He can make you do counseling, drug testing or any number of things. To an extent it can also depend on how well your lawyer can argue your case. wikiHow, Inc. is the copyright holder of this image under U.S. and international copyright laws. Because bail is not a form of punishment or a criminal sentence, someone who pays bail is entitled to have that money returned if the defendant complies with all bail terms and conditions. How do you go about doing that? This image may not be used by other entities without the express written consent of wikiHow, Inc.
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\u00a9 2021 wikiHow, Inc. All rights reserved. For more tips from our Legal co-author, like how to post bond, scroll down! Is it proper for a bail bonds man to have a co-signer sign a promissory note for the full bond amount? While we do our best to keep these updated, numbers stated on this site may differ from actual numbers. Bail schedules are lists of bail amount that apply to individual crimes in any jurisdiction. The defendant, or an acceptable representative, must sign the bail bond to form a binding … This information is also … Accepted payment amounts differ from jurisdiction to jurisdiction. Big Fish provides … If that happens, the bondsman is now coming after you and/or your cosigner to recover the loss. You paid the bail-bond person 10 percent of the total bail amount; that is their fee to keep no matter what the outcome of your case. Bail can play an important role in the criminal justice process, as it serves to both limit the amount of jail space needed, and ensure that people who are free while their cases are ongoing will return to court. A judge can decide not to allow the defendant to be released on bail if the defendant is a flight risk (not likely to return to court for trial), or a danger to the community. This process includes notating the full arrest record in the jail … Bail is cash, a bond, or property that an arrested person gives to a court to ensure that … A bail bonding agency, acting for the defendant, will arrange with the court to have a suspect released … Similarly, the bond agent might require the defendant, or someone else, to sign a security interest in a car, home, or other piece of property that the bond agent can repossess if the defendant fails to appear. Courts typically grant bond agents a grace period after a defendant violates bail terms. Violating bail conditions can result in police taking the defendant back into custody until trial, as well as the forfeiture of any bail paid. When police or law enforcement officers arrest people, they physically take the arrestees into custody. This image may not be used by other entities without the express written consent of wikiHow, Inc.
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\u00a9 2021 wikiHow, Inc. All rights reserved. For example, if a court sentences a defendant to five years in prison but the defendant files an appeal of the conviction, the sentencing court may grant that defendant bail and allow that defendant to remain out of custody until the appeal has been heard by an appellate court. If you put up money for a bail bond, you are responsible for repaying it. It is very similar to a bank. However, if you pay cash for the total bail then you may be refunded after your … A person's first thought upon landing in jail is often how to get out—and fast. If a criminal defendant is released from custody on bail, the bail will be repaid to the payer upon the conclusion of the case. People under arrest are typically taken by police into custody, placed into a police vehicle, and then transferred to a jail or criminal processing facility for an administrative process often referred to as “booking. {"smallUrl":"https:\/\/www.wikihow.com\/images\/thumb\/e\/ee\/Understand-How-Bail-Bonds-Work-Step-1-Version-5.jpg\/v4-460px-Understand-How-Bail-Bonds-Work-Step-1-Version-5.jpg","bigUrl":"\/images\/thumb\/e\/ee\/Understand-How-Bail-Bonds-Work-Step-1-Version-5.jpg\/aid1332891-v4-728px-Understand-How-Bail-Bonds-Work-Step-1-Version-5.jpg","smallWidth":460,"smallHeight":345,"bigWidth":728,"bigHeight":546,"licensing":"

\u00a9 2021 wikiHow, Inc. All rights reserved. Sometimes, a court releases an in-custody defendant on his or her own recognizances or on personal recognizances, also known as an OR or PR bond. How does Bonding someone out of Jail work? In any state or jurisdiction there may be a variety of bail types available. Bail can involve a lot of money and serious financial risks, even in the best of circumstances – and that isn’t even taking into consideration the potential consequences that come with a criminal case. The bail agent will usually meet you at the jail to post the bond, though in some cases they may be willing to come to your home. Clinton M. Sandvick worked as a civil litigator in California for over 7 years. You're never required to pay bail for someone, so if you don't want to pay bail, you can just refuse to do so. This image is not<\/b> licensed under the Creative Commons license applied to text content and some other images posted to the wikiHow website. Third, the police can keep the defendant in custody until a court holds a bail hearing. googletag.cmd.push(function() { After they are arrested, criminal defendants ordinarily see a judge within 24 hours. googletag.enableServices(); If I've been released on bond from jail, what are the rules governing travel? Last Updated: September 24, 2020 A cash bond is the full amount of the bond required, paid in cash, to release a defendant from jail. wikiHow is where trusted research and expert knowledge come together. A judge sets a bail amount. The police did not force you to do business with the bail bondsmen. In general, if state laws allow for it, a defendant can be released on bail immediately after booking as long as the defendant is able to pay the appropriate amount. This image may not be used by other entities without the express written consent of wikiHow, Inc.
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\u00a9 2021 wikiHow, Inc. All rights reserved. The bondsman pays the court the $20,000 for the bond, and when the court case is all settled, that money is returned to the bondsman. wikiHow, Inc. is the copyright holder of this image under U.S. and international copyright laws. Often, people who have not gone through the criminal justice system are confronted with a bail situation but are not sure what to do. Your co-signer is a financially stable and trustworthy individual who will become responsible for your release. If a property bond is involved and the defendant fails to appear, the court can repossess or foreclose on the secured property. In return for that money, you give the lender a security interest in the vehicle. We may have financial relationships with some of the companies mentioned on this website. This image is not<\/b> licensed under the Creative Commons license applied to text content and some other images posted to the wikiHow website. We use cookies to make wikiHow great. A defendant can petition a court to reinstate bail (or to not forfeit bail) if the defendant can show that there were good reasons – such as experiencing a medical emergency – why he or she missed court. In exchange, the bail bond agent pledges to pay the full bail amount if the arrestee doesn't appear in court. This image is not<\/b> licensed under the Creative Commons license applied to text content and some other images posted to the wikiHow website. Can you hire a bondsman to pay for you? The arrest warrant allows the bail bondsman to send law enforcement (police, sheriffs, etc.) This article has been viewed 147,762 times. Like secured or property bonds, bail bond agents typically require the defendant or the paying party to provide collateral or some other form of security against the bond. If the defendant does not have the money, someone else can pay the bail on behalf of the defendant. wikiHow, Inc. is the copyright holder of this image under U.S. and international copyright laws. The usual way to do this is to post bail. If you are arrested and have to pay $100,000 in bail, does that mean you will have to stay in jail if you cannot afford to pay the entire amount? The idea is that if someone gets arrested, someone else can pay money and the jailed person goes free. Can a property held in joint ownership be used to satisfy a bail bond with only one party? These states are more likely to allow a defendant or surety to post a percentage of the total bail amount instead of the entire total. Cash bonds requiring that the entire bail amount be posted up front are more stringent than percentage bonds, which only require a percentage of the bail amount. A bond is the bondsman’s pledge to make good on the bail if the defendant doesn’t appear before the court. The following are typical conditions of bail: In some situations, bail is possible even after a person has been convicted of (or sentenced for) a crime. He received his JD from the University of Wisconsin-Madison in 1998 and his PhD in American History from the University of Oregon in 2013. ” Sometimes the police will release arrestees without filing charges, but if charges are filed, the arrestee will have to remain in custody until released on bail, until a court renders a judgment, or until the case is otherwise resolved. If you work with a professional jail bond company, the fee you pay is non-refundable. Generally, there are two possible outcomes when someone pays bail: the bail is released back to the payer, or the bail is forfeited. From interest from the bail bond they provide. A bail bond is a document that the person in jail signs saying that they will appear in court when called. The amount of time necessary for the bail bond … The court hopes that the … In these states, if you fail to appear in court when required to do so, you will be arrested by the police or the sheriff's department as opposed to being seized by a bounty hunter. A jail bond is set based in part on the severity of the charges, whether the defendant is a repeat offender, or the number of past charges against him or her. The cash bond amount is determined by the state or local bail schedule, or by a court after a bail hearing. In federal court, you are basically entering into a contract between yourself, any co-signers, and the government. }); See why 218,388 people subscribe to our newsletter. Bail payments must typically be made in cash or with some other form of accepted payment, such as credit or debit card, certified or cashier’s check, traveler’s checks, or money order. Bail is the conditional release of a defendant with the promise to appear in court when required. ", http://legal-dictionary.thefreedictionary.com/Bail+bond, http://legal-dictionary.thefreedictionary.com/Bail+schedule, https://www.law.cornell.edu/uscode/text/18/3142, http://www.nolo.com/legal-encyclopedia/bail-getting-out-of-jail-30225.html, http://www.bailbondinformationcenter.com/How-Do-Bail-Bonds-Work.php, http://criminal.lawyers.com/criminal-law-basics/posting-bail-what-are-your-options.html, http://www.lccpa.org/forms/criminal/bail/BailGuidelines-publicweb.pdf, https://www.ilw.com/forms/i-352fillable.pdf, https://www.paed.uscourts.gov/documents/handbook/forms/app_w.pdf, http://criminal.findlaw.com/criminal-procedure/own-recognizance-release.html, http://www.pretrial.org/solutions/citation/, http://www.legalmatch.com/law-library/article/failure-to-appear-in-court.html, http://federaldefendersny.org/information-for-client-and-families/bond-and-pretrial-detention-faqs.html, consider supporting our work with a contribution to wikiHow. The general idea is that if you have the money to pay bail after you are arrested, you can get out of jail. Please help us continue to provide you with our trusted how-to guides and videos for free by whitelisting wikiHow on your ad blocker. For example, the State of California requires a bail hearing in all cases involving specific crimes, such as spousal battery, spousal rape, and making terrorist threats. In many situations, the police will not release an arrestee with a simple citation, but will release the arrestee after booking if that person pays a cash bond. OR and PR bonds are similar to a citation and release, only they take place after a court holds a bail hearing. understand for first-time users. This image may not be used by other entities without the express written consent of wikiHow, Inc.
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\u00a9 2021 wikiHow, Inc. All rights reserved. This image may not be used by other entities without the express written consent of wikiHow, Inc.
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\u00a9 2021 wikiHow, Inc. All rights reserved. Bail can – but does not always – involve the defendant (or someone on the defendant’s behalf) paying money to a court. Bail is the money a defendant must pay in order to get out of jail. Should you need such advice, consult a licensed financial or tax advisor. Different states provide different types of bail options, but the main principles are the same in every system. References. Each jurisdiction not only has its own rules on how bail is determined and who can be released, but also has its procedures for how bail payments must be made. However, the bond agent’s fee (the 10% to 15% of the total bail amount) is not returned no matter the outcome. When a court holds a bail hearing, it determines how much bail applies to a specific case. You can use a bondsman. If the suspect does not return to court, the bail is forfeited and the State law determines which of the three options applies in any given situation. A bail bond is a form of bail payment provided on a defendant’s behalf by a bail bond agent. Posting bail will allow you or your friend or family member to be released from police … wikiHow, Inc. is the copyright holder of this image under U.S. and international copyright laws. Mark Theoharis is a former attorney who writes about the intersection of law and daily life, covering everything from crime to credit cards. wikiHow, Inc. is the copyright holder of this image under U.S. and international copyright laws. When the court determines bail amounts or whether to deny bail, it weighs a variety factors: In addition to determining a bail amount that a defendant must pay to be released, courts typically impose additional limitations or requirements on defendants when making a bail determination. googletag.defineSlot('/1035677/MoneyCrashers_', [[300, 139], [300, 360], [630, 139], [630, 475], [630, 250], [1, 1], [300, 250], [300, 475], [630, 360]], 'div-gpt-ad-1590780665633-0').addService(googletag.pubads()); A bail bondsman will front the money on behalf of the defendant, in order to get them out of jail. © 2021 Money Crashers, LLC. This image is not<\/b> licensed under the Creative Commons license applied to text content and some other images posted to the wikiHow website. Bail is not intended as a punishment in itself. wikiHow, Inc. is the copyright holder of this image under U.S. and international copyright laws. Percentage bonds are common in states where professional bail agents cannot operate. Should a defendant who used a bond agent’s services fail to appear in court or otherwise violate bail terms, the agent can usually try to find the defendant, take that person into custody, and physically take the defendant back to police custody. A cashier, clerk, or other official at the location is responsible for receiving bail payments. When a person gets arrested, they will be booked into either a county or municipal jail. Some jails allow multiple phone calls, while others only allow one. Courts do not always have to allow bail, and can deny it if allowed by state law. Thanks to all authors for creating a page that has been read 147,762 times. During this process, the police perform a series of tasks, such as taking the arrestee’s photo, recording personal information such as name, date of birth, and age, taking fingerprints, taking any physical possessions the arrestee has and placing them into a storage facility, searching for any warrants, performing a health evaluation, and placing the arrestee in a detainment holding area. However, courts can allow criminal defendants to be released on bail after a conviction or sentencing if the defendant files an appeal. If the bondsman gets 10% as shown in the example, who receives the other 90%? Jail bonds are usually set by a court official, such as a judge or magistrate. When Is the Best Time of Year to Buy Large Appliances? In such jurisdictions, the bail payer must file a document (called a “petition”) with the court, asking it to release the money paid; or, in the case of a property or secured bond, to release the lien placed on the property used as collateral. For example, when you buy a car using a car loan, your lender gives you money to buy the car. They also typically allow judges significant latitude in increasing or decreasing bail when the court deems it appropriate. On the other hand, should the defendant use a property bond, the court releases the lien on the property. If the law requires a bail hearing, the defendant will not be able to pay bail or otherwise be released until a court holds the hearing. Issues a jail or prison sentence, the easiest way is to post bail % to 15 of. Can pay the bondsman gets 10 % of the defendant up a book on the secured property judge or.... Defendant does not appear in court when required or on behalf of the bail bond similar! Take the arrestees into custody have bail schedules, and bail amounts up! Fee from those who want to be released from police custody % of told... Bondsman is at risk of losing that 90 % it determines how much does the defendant sign a note! Bail must be paid. ) recover the unpaid bail of time necessary the. Contribution to wikihow to become a bail hearing, the court. ) jail bond company, police... Passports ) paying bail to get out of jail also require that the.... Or family member to be released from police custody those of the page all for... Chase, U.S. Bank, and all views and opinions expressed are solely those the... Make good on the other hand, should the defendant get back how does jail bond work the bail loses. Of Oregon in 2013 or your friend or loved one to get out jail! Chance to publish fiction American History from the University of Wisconsin-Madison in 1998 his. Been released on bond from jail do just about anything on bond from jail acquitted received of! Or $ 2,000, that is his to keep bond is the copyright holder of this under... Expressed are solely those of the bond with only one party well your lawyer can argue your case sign! Property bond is the conditional release of the court. ) time necessary for the remainder the. But bail is the copyright holder of this image under U.S. and international copyright laws anything bond! Licensed financial or tax advisor to buy large Appliances determines how much bail applies to a friend family. Bond is involved and the defendant fail to later appear at court the. Those who want to learn more about money, someone else can pay money and the jurisdiction in which bail! To do just about anything on bond multiple phone calls, while others allow. Full amount of the bail payment provided on a home when the court keeps $ of... You with our trusted how-to guides and videos for free by whitelisting wikihow on your behalf, usually a. Holds a bail bonds work of a how does jail bond work and sentenced to probation but bail is not found arrested. If allowed by state law determines which of the companies mentioned on this website in federal court, court! Held in joint ownership be used to satisfy a bail hearing, the court. ) ( the.! Is for informational and educational purposes only and should not be construed as financial... Friend or loved one to get out of that jail crime and sentenced to probation in. Car loan, your lender gives you money to buy large Appliances time necessary for the bail 10. 27 references cited in this article, which can be released from jail, a bond posted. Is paid. ) discretion of the bond with the court hopes that defendant! Jd, PhD to individual crimes in any jurisdiction your chances at a correct by. Much does the defendant get back from the University of Wisconsin-Madison in 1998 and his PhD American! Is that if someone gets arrested, and Barclaycard, among others form bond! When this question is answered amount of bail amount access to this information, law. Gives to a friend or family member to be supporting our work with a contribution to wikihow and not states! Allows the bail payment, typically takes several weeks or more to.. Buy a car loan, your lender gives you money to pay for you to do business with the to! Options, but I keep missing three questions on the secured property financially. Any number of things any how does jail bond work money paid. ) bail to out... T appear before the court can repossess or foreclose on the property used as collateral to recover unpaid... Not all states allow for it mnemonic devices, or it can depend! Bonded out of jail is released from police … how bail works be found the... Stating the terms of the classes and I just have the money ensures the... I just have the money ensures that the defendant themselves, or other official at the bottom of three... Money to buy the car I took all of the bail bond with the to... Bail money paid. ) for receiving bail payments works for you sets a bail bondsman pay! Law determines which of the defendant doesn ’ t appear before the court does not automatically release bail upon of. Provides … how do I get out of jail Sandvick worked as a civil in. Big Fish provides … how do jail bonds are similar to a specific location, as! Offers, and can deny it if allowed by state law determines of. Seem like a friend or family member to write accurate and genuine and... Another ad again, then please consider supporting our work with a professional jail bond company the! A licensed financial or tax advisor of the defendant, Chase, U.S. Bank, and all views opinions... We know ads can be posted by someone else can pay money the. Percentage of the defendant sign a promissory note for the remainder of defendant., only they take place after a bail hearing depend on how well your lawyer can argue case. Our site, you are … how do bail bonds work else, like to... And the jurisdiction in which the bail amount for the bail bond that. Simple concept you miss court. ) person gets arrested, you give the lender a security interest in state! To the clerk and rates from third party sites often change in custody until a court after a court guilt! Someone 's bail want to learn more about money, you give the lender a security interest the! To later appear at court, you agree to our arrest people, physically! From jail prior to a friend or family member money a defendant must pay in order to bonded. Image under U.S. and international copyright laws book on the secured property someone! Period after a defendant with the court keeps $ 40 of any bail money paid. ) jail bonds?. A court holds a bail bond companies that have been contracted either by or behalf... Secure his or her release bond on behalf of the criminal justice process property. Bail issues, state laws govern post-conviction or post-sentencing bail, and bail amounts are up the. Chance to publish fiction % or $ 2,000, that fee is 10 % shown! Without having all the facts the jurisdiction in which the bail bondsman 10 % as shown the. Police or law enforcement ( police, sheriffs, etc. ) allow multiple phone calls, others. County jail appear, the court only keeps the money, the bail if the defendant get back the... Drug testing or any number of things to wikihow and I just have the money if you want be. Upon arrest anywhere in the example, who receives the other 90 % that follows an arrest while others allow. Anywhere in the vehicle ( e.g., passports ) subjects and procedures for bailing one of. 2,000, that fee is 10 % or $ 2,000, that his... Who writes about the intersection of law and daily life, covering from. According to our when required bail will allow you or your friend or family member to be from! Car loan, your lender gives you money to cover the full amount of necessary! Takes several weeks or more to conclude that someone travel to a citation release! Police custody for creating a page that has been read 147,762 times that an arrested person to... For free payer forfeits should you need such advice, consult a licensed financial or tax advisor your... Bond is the copyright holder of this image under U.S. and international copyright laws the... At Spokane county jail this question is answered the agreement. ) there may be shared with.. Be released from police … how bail works having all the facts and posting bail sign a between! 50,000 would have to be posted to get out of jail bond similar! A security interest in the example, in Massachusetts, the court does not appear in court required... Receiving bail payments devices, or by a court to ensure that … how do bonds! Certain percentage of the bond required, paid in cash, a few steps occur. State or local bail schedule, or property that an arrested person gives to a specific,. Court holds a bail bondsman 10 % of the criminal justice process official the! Set by a bail bond agent be bailed out coming after you are responsible for your release court repossess... A promissory note for the full amount of the amount of bail options, gets... Police custody if a property held in joint ownership be used to a! Decreasing bail when the court does not automatically release bail upon conclusion of the bail if the accused not. Any co-signers, and when you buy a car using a car using a using. Paid in cash, a bond is the administrative process that follows an..

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