If you or a loved one has been arrested and taken into custody, you may be considering posting bail in order to get them released from jail until their court date. Bail is an amount of money that the court requires in order for a defendant to be released from custody before their trial. This money serves as a guarantee to the court that the defendant will return for their scheduled hearing.
One way to post bail is to pay the full amount in cash to the court. However, this is not always possible or practical. That’s where bail bonds come in. Bail bonds are a type of surety bond that is posted on behalf of the defendant by a bail bond company. The bail bond company pays the court the full amount of bail, and in exchange, the defendant (or a cosigner) agrees to pay the bail bond company a non-refundable fee, usually 10% of the total bail amount. Learn more about this at bondsman
If you are considering using a bail bond company to post bail, there are a few things you need to know. In this blog post, we will provide an overview of everything you need to know about bail bonds, including how they work and what you can expect.
How Bail Bonds Work?
When you or a loved one is arrested, you will be given a chance to post bail at your arraignment hearing—this is the first court appearance after an arrest. The judge will set a bail amount based on factors such as the severity of the crime, whether you are deemed a flight risk, and your criminal history (if any).
The general rule is that the more serious the offense and the higher the risk that you will fail to appear for your scheduled hearing, the higher your bail will be set. If you cannot afford to pay the full amount of bail, you have two options: stay in jail until your trial date or use a bail bond company.
As we mentioned before, a bail bond company pays the court the full amount of your bail on your behalf. In exchange for this service, you (or a cosigner) agree to pay the bond company a non-refundable fee—this is typically 10% of your total bail amount but may be more depending on your case.
For example: Let’s say your bail is set at $10,000. If you use a bail bond company, you will pay them $1,000 (10% of $10,000) upfront and they will post your $10,000 bond with the court.
It’s important to note that if you use a bail bond company and fail to appear for your scheduled hearing, not only will your bond be forfeited but you will also be responsible for paying the full amount of your original bond ($10,000 in our example) to the court.
Collateral & Cosigners:
In some cases, particularly if you are deemed high-risk or have been charged with a serious offense, the court may require collateral in addition to paying the 10% fee before they will approve your release on bailed. Collateral is something of value that can be seized by the Court if you fail to appear at your scheduled hearing common examples include property deeds and titles or jewelry.
In other cases again usually when charges are more serious the Court may require someone else (a cosigner) sign off on your release in addition to requiring collateral or payment of the 10% fee upfront. A cosigner essentially agrees to take responsibility for ensuring that you appear for all required hearings related to your case; if you don’t show up for court when required and forfeit your bond as a result, it iscosigner who will be held financially responsible by boththe Court system and the bail bond company .
