Someone who was arrested will be released out of custody by posting bail or bond. It’s different if you’re a little out of touch with the legal system, but it’s necessary to allow a defendant temporary freedom while he awaits trial. What does it mean to post a bond? Another way of putting it: If you post a bond, you’re doing it so the defendant will be there for his/her court dates. The financial guarantee allows the person to go to jail and come home under certain conditions.
As you already imagine, you no longer need to try and look for 24-hour bail bonds near you, to help someone you care about, as calling them will give you all the help you’ll need to run through this process as quickly and reliably as possible.
What Does It Mean to Post a Bond?
Courts can use bailing out a Defendant as a means of providing a court with a kind of financial assurance that the Defendant will attend all necessary court appearances. Bonds come in several forms:
Cash Bonds: The bail is full, and paid in cash by the defendant or their family. After the case is completed this amount is refundable and after deduction of administrative fees.
Surety Bonds: When a defendant cannot make bail, the bail bond company posts the bail in name of the defendant for an amount paid by the defendant it is usually 10 percent of the face from, but may vary from state to state.
Property Bonds: The bond is secured by real estate or other assets.
Own Recognizance: If they trust the defendant will appear, the court simply releases them free of having to pay.
How Does the Bail Amount Get Determined?
The bail amount is set by a judge or follows a standard bail schedule, depending on the jurisdiction and the nature of the charges. Key factors influencing the bail amount include:
Severity of the Crime: More serious offenses generally carry higher bail amounts.
Defendant's Criminal History: Repeat offenders often face higher bail.
Flight Risk: If the court deems the defendant likely to flee, bail may increase or be denied.
Community Ties: Strong local connections can lead to a lower bail amount or release on recognizance.
How Does a Bail Bond Work?
Bail bonds are the most common method of posting bail, and too often the bail amount is too much for a defendant, or his or her family, to come up with. Here’s how the process works:
1. Contact a Bail Bond Agency
The bail bondsman pays the full amount of bail. Consequently, the bondsman charges the defendant or their family with a nonrefundable fee of ten percent of the whole bail.
2. Provide Collateral
However, in some cases, the bail bond agency may require extra security anyway, such as collateral, in this case property or other assets.
3. Defendant’s Release
If the bond is posted, accepted by the court and the defendant shows up to every court date, then as long as a jail is part of the bail the defendant will be released.
4. Court Appearances
The bond is voided if the defendant appears at every court date ordered, and collateral (if needed) is returned. But the 10 percent fee to the bail bondsman is not refundable.
What Happens If the Defendant Fails to Appear?
When a defendant skips their court appearance—known as “jumping bail”—the consequences are severe:
Forfeiture of Bond: The whole bond amount stays with the court.
Legal Action Against Co-Signers: If a co-signer helped secure the bond, they may be held financially responsible.
Arrest Warrants: The defendant is arrested following the issue of the court warrant for his arrest.
Collateral Seizure: A bail bond company may seize and sell any collateral it provides if you pay and secure your bail using it.
Types of Bail Bonds
There are two primary types of bail bonds commonly used:
1. Surety Bonds
This is the most common type of bail.
It is a bail bond agency that pays the court on behalf of the defendant.
Dollar amount of the bail is often 10% of the bail amount and it requires a non-refundable fee.
2. Property Bonds
Involves using real estate or other valuable assets as collateral.
If the defendant fails to appear in court, the property may be seized and sold to cover the bail amount.
Benefits of Using a Bail Bond Agency
Many defendants need the ability to make bail, and bail bond agencies provide that service. Here are some benefits:
Lower Upfront Costs: Families don’t have to pay the full bail amount, only paying a percentage.
Expert Assistance: Families are familiar with the legal process and bail bond agents know how to get through them successfully.
24/7 Availability: There are many agencies that run on a round the clock basis in order to offer urgent help.
If you're in trouble, do not hesitate to contact our 24-hour bail bonds near you so your loved one can be released on time.
How to Post a Bond: Step-by-Step Process
Here’s a simplified breakdown of the process:
Step 1: Determine Bail Amount
Check the bail schedule or contact the jail to confirm the set bail amount.
Step 2: Choose a Bond Type
Decide whether to pay cash bail, use a bail bond agency, or explore property bonds.
Step 3: Contact a Bail Bond Agency
If opting for a surety bond, contact a reliable bail bondsman. They’ll walk you through the necessary steps and paperwork.
Step 4: Pay the Fee
Provide the agency with the required fee and, if necessary, collateral.
Step 5: Wait for Release
Once the bond is posted, the defendant is released from custody, typically within a few hours.
Important Tips for Co-Signers
If you’re co-signing a bond, here’s what you should know:
Financial Responsibility: Co-signers are legally and financially responsible if the defendant skips bail.
Collateral Risks: Be cautious when offering collateral, as it may be seized if the defendant fails to comply.
Monitor Compliance: Help ensure the defendant attends all court appearances.
Why Posting a Bond Is Essential
Part of posting a bond isn’t simply a financial transaction but an opportunity for the defendant to prepare their case at home before trial. It allows them to:
Keep working, or supporting their family.
They can meet with their attorney and build up a better defense.
Avoid the stress and challenges of prolonged incarceration.
Need Assistance? Contact Us Today!
We’re available 24/7 if you need fast and reliable help. Call us now if you need 24-hour bail bonds near you, so your loved one can get out quickly and easily. We’re ready to answer your questions, walk you through the process, and get your loved one back out as soon as possible.