The Bail Bond Process

Most people who are taken into custody are given the opportunity to pay a bail bond to get out of custody. This allows you to remain free until your trial date. A judge will determine how much your bail will be anywhere from an hour to 48 hours after you are arrested and booked into custody.

If you are charged with a fairly minor crime or the judge believes there is little chance that you would flee, you may be released on your own recognizance. What this means that no money or collateral is necessary to release you from custody. You will have to sign a paper that you understand the consequences for not showing up for court, and then you may leave custody. For most people accused of a crime, however, some type of bail is required to free them.

There are many things that come into consideration when it comes to determining exactly how much bail will be required. Many courts will use what’s called a bail schedule. These are generally lists of the different types of crimes and the bail that is required for those particular crimes.  Though they do include most commonly committed offenses, if you are accused of a crime that is not covered by the court’s bail schedule, a judge will determine how much bond is necessary to free you from custody.

He will consider the type of crime, the potential that you will flee, and any prior convictions you may hold for similar or other crimes.  He will set your bail and let you know how much you’ll need to be released from custody. You will then need to make arrangements to post that bond.

There are two ways to post bond. You or your family members or friends can pay the required amount with personal funds. This is known as a cash bond. If you show up to each court hearing as required, that money will be refunded at the conclusion of the trial.

If you can’t or would prefer not to pay your bail with personal funds, you have the option of using a bail bondsman instead. A bail bondman will post the bail for you in exchange for a fee. That usual fee is 10% of the total bail amount. If you appear in court as required, the total amount of your bail will be refunded to the bondsman. The fee you paid the bond agent will not be refunded to you, but any collateral you were required to give the bail bondsman will be returned or released.

Once you or a bail bondsman has paid the bail set by the court, you will be free to go. You will probably be required to sign some sort of paperwork agreeing to the conditions of your bail. As long as you appear in court as you are scheduled, you should be able to remain free from custody throughout the duration of your court appearances.