Navigating the justice system can be a difficult challenge and understanding bail can be a necessary obstacle. This page exists to ease the process of getting life back to normal.
When someone has been incarcerated before their trial the court may choose to grant them bail. This will be decided at a bail hearing, which is usually held within 48 hours of incarceration. If the court decides to grant bail, the bail will be an amount set to each person’s unique situation. The court may also set other conditions for a defendant to remain out of jail, such as not possessing dangerous substances, driving out of town, or traveling near certain people or places.
Once the defendant attends their court dates, if they have obeyed all the conditions of their release and made all necessary appearances in court, bail will be refunded after completion of the case whether or not a guilty verdict is reached.
There are five types of bail that can be posted to the court, cash bonds, federal bail bonds, immigration bail bonds, property bonds, and surety bonds.
- A cash bond is the most common bond. Cash bonds are fully paid in cash.
- A federal bail bond will be handled by a higher court and may come with higher fees and often require additional collateral along with the bail fee. Federal bonds are not handled by the county defenders.
- Immigration bail bonds are reserved exclusively for those detained by ICE and are usually not issued. For more information please contact your attorney.
- A property bond can be used in place of a cash bond by using property as collateral instead of cash. This is often done through a bail bonds company.
- A surety bond involves a third party aside from the defendant or their family such as a bail bonds company
If the defendant or their family cannot pay bail directly they can instead choose to work with a bail bonds company to cover, which will pay the full price of your bail in exchange for a fee which will not be refunded usually 10% of the total bail amount. They will likely also take collateral in the form of valuable property, such as vehicles or a deed to a house, which will be returned to you upon the completion of your case. Your bail can be paid either in the jail which may come with a processing fee or directly at the courthouse. The amount of bail should depend on the defendant and be a price they can afford if the bail amount is too high a defendant should contact their attorney.
When a bail hearing is held the court will offer one of a couple different outcomes, including release without bail, granting bail, and denying bail. If the defendant is released without bail the court will not ask them to pay bail instead they will have them sign a document stating they will appear in court on their court date (unsecured bond). If bail is granted the bail will be charged to the defendant based upon their specific circumstances and they will be given conditions to their release. Bail can also be denied if the defendant’s risk of flight is too high, or their release puts themselves or others at risk of harm.
If a defendant misses any of their court dates the court will issue a bench warrant for them to be placed under arrest and returned to jail. Their bail will not be returned and if they have chosen to work with a bail bonds company the bail bonds company may send a bail enforcement agent to return the defendant to custody.
Missing a court date could also result in a harsher sentence or punishment similar to drivers license suspension.
If you have any questions about any of the information above please contact your attorney.