Top 20 Frequently Asked Questions
What is bail?
Bail is a sum of money set by the court to ensure a defendant’s release from jail and guarantee they appear for future court dates.
What is a bail bond?
A bail bond is a financial arrangement made by a bail bondsman on behalf of the defendant to cover the full bail amount, allowing for the defendant’s release.
How much does a bail bond cost?
A bail bond typically costs 10-15% of the total bail amount. This fee is non-refundable, even if the defendant is found innocent.
Do I get my money back after the trial?
If you pay the full bail amount directly to the court, it will be refunded at the end of the case, regardless of the outcome. The fee paid to a bondsman is non-refundable.
What is a bail bondsman?
A bail bondsman is a licensed professional who provides bail bonds for a fee, enabling the defendant’s release from jail when they can’t afford to post bail on their own.
How do I find a good bail bondsman?
You can search for licensed, reputable bail bondsmen in your area online, or ask for recommendations from lawyers or trusted sources. Ensure they are experienced and have good customer reviews.
Can I post bail for someone else?
Yes, you can post bail for a friend or family member, either by paying the full amount directly or using a bail bondsman. You will be responsible if they fail to appear in court.
What is collateral, and is it always required?
Collateral is an asset (e.g., property, vehicles) pledged to secure a bail bond. It’s not always required, but in some cases, especially for higher bail amounts, the bondsman may require it to ensure the bond.
What happens if the defendant doesn’t appear in court?
If the defendant skips court, the bail bond is forfeited. The bondsman is responsible for paying the full bail, and they may seize any collateral or hire a bounty hunter to track the defendant.
How long does it take to get released after posting bail?
After posting bail, the release process usually takes anywhere from 30 minutes to several hours, depending on the jail’s procedures and workload.
Can bail be denied?
Yes, in certain cases, bail can be denied, especially if the defendant is considered a flight risk, has a history of skipping court dates, or is charged with a very serious crime.
Is there a difference between bail and bond?
Yes. Bail refers to the total amount of money set by the court, while a bond is the guarantee made by a bail bondsman to the court, securing the defendant’s release for a fee.
Can I pay the full bail amount without a bondsman?
Yes, if you can afford it, you can pay the full bail amount to the court. This amount will be refunded once the case concludes, as long as the defendant attends all court dates.
How is bail determined?
Bail is determined by a judge, considering factors such as the severity of the crime, the defendant’s criminal history, and their risk of fleeing before trial.
Can bail be reduced?
Yes, a defendant or their lawyer can request a bail reduction hearing where the court will consider lowering the bail amount based on the circumstances of the case.
What is a bounty hunter?
A bounty hunter is a licensed individual hired by a bail bondsman to track down and apprehend a defendant who has skipped court and fled after posting bail.
How long is a bail bond valid?
A bail bond remains valid for the entire duration of the court proceedings, as long as the defendant appears at all required hearings.
What are the responsibilities of the person who cosigns a bail bond?
The cosigner, often a family member or friend, agrees to pay the full bail amount if the defendant doesn’t appear in court. They may also provide collateral for the bond.
What is a signature bond?
A signature bond (also called a recognizance bond) allows the defendant to be released without paying bail upfront, based on their promise to appear in court. It’s typically offered to low-risk defendants.
Can bail conditions include more than just paying money?
Yes, bail conditions may include requirements such as attending all court dates, staying within a specific area, avoiding certain people, or undergoing drug or alcohol testing.