When someone is arrested and gets taken to jail, bail is sometimes needed for them to get out of jail. And when a person doesn’t have enough cash themselves to get out of jail, they’ll need a bail bond in order to get released.
It’s not ideal when anyone gets arrested. But if they are arrested, go to jail, and can’t get out because they haven’t got enough money to pay bail, this can be even more upsetting and frustrating. It can impact a person’s employment, family life, and mental wellbeing. The bail bond system exists so that people can be released from jail quickly, whatever their current financial circumstances.
Here are the things you need to know about navigating the bail bond process.
Bail Explained
The idea of bail is that a payment is made as security between a court and a defendant. Paying the set amount of bail is an agreement by the defendant that they will attend all of the court dates that are scheduled for them. If they do this, they will receive their bail money back when the court case comes to a close. However, if a defendant misses any of the scheduled court dates, they will lose the bail money they have paid. Furthermore, a warrant will be issued for their arrest. Bail gives a court a feeling of security that the defendant has a reason to return to court and see their case through to the end.
What are Bail Bonds?
If a person–or their friends of family–cannot pay the amount of bail that has been set, they have to stay in jail until their case finishes. In reality, it can take several months for a case to go to trial, which means an individual could be in jail for quite some time. Bail bonds provide an opportunity for defendants to pay their bail and be released from jail until their case is heard.
A bail bond is essentially a loan. Either you or a friend or relative pays a percentage of the total bail amount to the bail bond company. The bail bond company will then pay the court the total amount of the bail. You also need to put forward some collateral for the full bail amount, just in case you do not attend all your court cases, and the bail bond company loses the money. This could be a car or other valuable possessions.
Different states have different processes when it comes to bail, so it’s worth finding a bail bond company that understands the situation in a state. For example, look up San Diego Bail Bonds if you’re in the state of California. Since arrests can happen any time of the day or night, people usually look for a bail bond company that is reliable and open 24/7.
How is Bail Set?
The specifics of how bail is set, including the total amount of bail, differs slightly between states. Typically, the setting of bail follows the process of being booked into jail. This is when all the information about the defendant and their alleged crime is lodged in the police computer system. This is the point at which a hearing is scheduled, which is usually within 48 hours of being arrested. Until then, the defendant must stay in a jail cell.
When the defendant goes to the court hearing, the judge sets the bail. In most states, judges will refer to a bail schedule, as this helps to ensure the amount of bail set is fair with reference to the alleged crime that has been committed. The types of criteria that feed into the bail schedule include the seriousness of the crime, and whether or not a defendant has committed any offenses in the past. A judge is able to interpret the setting of bail conditions based on their own judgement of the individual too, which is why bail amounts can vary widely. It is worth knowing that bail can also be revoked at any time if a judge sees fit.
Next Steps
Once bail is set, you know what you are dealing with in terms of monetary value. This will help you determine if you can afford it, or if a friend of family member who is willing to help you can afford it. If you cannot come up with the money yourself, but you are determined to be released from jail until your court case, then the next step is to look for a bail bond.
Once you have found a bail bond company you want to work with, you will work out the details together. This includes how much money you can provide upfront in order to use the bail bond service, and what collateral–such as a house, car, or jewelry–you can put forward to secure the bond.