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\u00a9 2021 wikiHow, Inc. All rights reserved. Once the clerk’s office has received the bail payment, it notifies the corrections officials who are keeping the defendant in custody, and they release the defendant from jail. Should you need such advice, consult a licensed financial or tax advisor. However, if you pay cash for the total bail then you may be refunded after your … Bail bonds are written agreements between the courts and given individuals detailing bail amounts and terms. This article was co-authored by Clinton M. Sandvick, JD, PhD. The cash bond amount is determined by the state or local bail schedule, or by a court after a bail hearing. The idea is that if someone gets arrested, someone else can pay money and the jailed person goes free. There are 27 references cited in this article, which can be found at the bottom of the page. For example, someone paying cash bail in Suffolk County, New York, typically has his or her bail payment released within two to six weeks from the conclusion of the case. Booking is the administrative process that follows an arrest. Here is an in-depth guide on how bail bonds work and what you can expect if you ever find yourself involved in the process. Bail is one way people can be released from jail prior to a court determining guilt. After they are arrested, criminal defendants ordinarily see a judge within 24 hours. People under arrest are typically taken by police into custody, placed into a police vehicle, and then transferred to a jail or criminal processing facility for an administrative process often referred to as “booking. For example, the State of California requires a bail hearing in all cases involving specific crimes, such as spousal battery, spousal rape, and making terrorist threats. However, courts can allow criminal defendants to be released on bail after a conviction or sentencing if the defendant files an appeal. The following are typical conditions of bail: In some situations, bail is possible even after a person has been convicted of (or sentenced for) a crime. The bail bond is posted at the jail for the bail amount and the defendant can then be released. Many people associate bail with a specific cash amount. You pay the bondsman a non-refundable fee of 10% or $2,000, that is his to keep. Bail can play an important role in the criminal justice process, as it serves to both limit the amount of jail space needed, and ensure that people who are free while their cases are ongoing will return to court. wikiHow, Inc. is the copyright holder of this image under U.S. and international copyright laws. If the accused is not found, arrested, and returned to court in time for the forfeiture hearing, the bail bondsman loses. This image is not<\/b> licensed under the Creative Commons license applied to text content and some other images posted to the wikiHow website. On the other hand, should the defendant use a property bond, the court releases the lien on the property. This image may not be used by other entities without the express written consent of wikiHow, Inc.
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\u00a9 2021 wikiHow, Inc. All rights reserved. Covered all the main subjects and procedures for bailing one out of jail. But bail is often more complicated than that, especially when the bail amount is large. Each state has its own bail bond system, which gives someone who has been charged with a crime the opportunity to get out of jail and remain out until they go to trial. Clinton M. Sandvick worked as a civil litigator in California for over 7 years. (The clerk or official often has access to this information, and can find out how much bail must be paid.) Cash bonds requiring that the entire bail amount be posted up front are more stringent than percentage bonds, which only require a percentage of the bail amount. If the law requires a bail hearing, the defendant will not be able to pay bail or otherwise be released until a court holds the hearing. If the accused does not appear in court, the bondsman is at risk of losing that 90%. To be released from jail, a few steps must occur, including being “booked in” and posting bail. - Costs of Hiring Different Types of Lawyers, How to Split the Bill When Eating Out with Friends, 10 Legal Myths About Criminal Law - When You Get Arrested, 17 Best Rewards Credit Card Sign-Up Bonus Offers, Deals & Promotions – January 2021, 7 Best TV Shows to Watch to Learn About Money, Finance & Business, How to Invest in Gold: Investment Types, Tactics & Tips. When a court holds a bail hearing, it determines how much bail applies to a specific case. Unfortunately, most books about... 7 Valentine’s Day Gift Ideas for Her (on a Budget), 9 Valentine’s Day Gift Ideas for Him (on a Budget), How to Invest in Bitcoin: A Guide to Getting Started, 23 Best New Bank Account Promotions & Offers – January 2021, 13 Best Stock Market Investment News, Analysis & Research Sites, 18 Great Career Fields for the Future (Next 10 Years). This image may not be used by other entities without the express written consent of wikiHow, Inc.
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\u00a9 2021 wikiHow, Inc. All rights reserved. This is a brief hearing where the judge sets a bond amount that must be paid before the person is released from jail. wikiHow, Inc. is the copyright holder of this image under U.S. and international copyright laws. Similarly, the bond agent might require the defendant, or someone else, to sign a security interest in a car, home, or other piece of property that the bond agent can repossess if the defendant fails to appear. You paid the bail-bond person 10 percent of the total bail amount; that is their fee to keep no matter what the outcome of your case. Bail bondsmen are rarely used in federal court, and for low income defendants, there is usually no cash component to your federal bail. If a defendant fails to appeal in court and forfeits bail, there is still a chance the court will reinstate bail (allowing the defendant to remain out of custody until the case concludes) and return the bail that has already been paid. The words “bail” and “bond” are often used almost interchangeably when discussing jail release, and while they are closely related to each other, they are not the same thing. The payer must then submit the appropriate bail amount to the clerk. The same is true when a bank forecloses on a home when the homeowner fails to pay the mortgage. One of the most important aspects of understanding how bail bonds work is by understanding the different steps to the bail bond … We use cookies to make wikiHow great. Typically, once a court issues a jail or prison sentence, the defendant must begin serving the sentence immediately. Accepted payment amounts differ from jurisdiction to jurisdiction. other property deposited with or promised to a court to persuade the judge to release a defendant from jail If you are not in the same city as the defendant all paperwork and … This image is not<\/b> licensed under the Creative Commons license applied to text content and some other images posted to the wikiHow website. A bail bond is a form of bail payment provided on a defendant’s behalf by a bail bond agent. He received his JD from the University of Wisconsin-Madison in 1998 and his PhD in American History from the University of Oregon in 2013. googletag.defineSlot('/1035677/MoneyCrashers_', [[300, 139], [300, 360], [630, 139], [630, 475], [630, 250], [1, 1], [300, 250], [300, 475], [630, 360]], 'div-gpt-ad-1590780665633-0').addService(googletag.pubads()); People can be released on bail at almost any stage in the criminal justice process, such as immediately after an arrest, or even after a court has issued a sentence. Last Updated: September 24, 2020 Paying bail to get out of jail may seem like a simple concept. wikiHow, Inc. is the copyright holder of this image under U.S. and international copyright laws. They do not have general arrest powers, but can arrest a defendant who used the bail bond agent’s services. A cash bond is the full amount of the bond required, paid in cash, to release a defendant from jail. How bail works. Often, people who have not gone through the criminal justice system are confronted with a bail situation but are not sure what to do. The bondsman gets his money back and you might owe a certain percentage of the money the bondsman paid to the court. A bail bond is a document that the person in jail signs saying that they will appear in court when called. Note that state laws on both bail agents and bounty hunters can differ significantly, and not all states allow for bail bond agents or bounty hunters. If the court allows this type of bail, the defendant will be released from custody on the condition that he or she reappear in court at a later time and comply with any other bail conditions the court imposes. How do bail bonds work? This image is not<\/b> licensed under the Creative Commons license applied to text content and some other images posted to the wikiHow website. Can someone else pay? Should the defendant fail to later appear at court, the court can seize the property used as collateral to recover the unpaid bail. Should the defendant comply with bond conditions, the bond agent will return the collateral or release the lien created by the security agreement upon the conclusion of the case. If I am acquitted of all charges, can I sue the police for the amount of bail bond that I had to pay for false imprisonment? Jail bonds are usually set by a court official, such as a judge or magistrate. Typically, the payment process requires that someone travel to a specific location, such as a courthouse or a jail. You get what you gave the bondsman back. This image is not<\/b> licensed under the Creative Commons license applied to text content and some other images posted to the wikiHow website. MoneyCrashers.com does not include all banks, credit card companies or all available credit card offers, although best efforts are made to include a comprehensive list of offers regardless of compensation. States laws will determine not only what bail amounts are appropriate for each crime and whether police can release a defendant without requiring bail, but also whether defendants are allowed to post bail following booking or if they must wait for a bail hearing. Bail is a financial arrangement that a bail bonding agency will make on behalf of the criminal defendant. How does Bonding someone out of Jail work? The court only keeps the money if you run off and don't fulfill the court's orders. Advertiser Disclosure: The credit card and banking offers that appear on this site are from credit card companies and banks from which MoneyCrashers.com receives compensation. If the defendant cannot pay the bail amount on their own, they can seek help from a Bail bondsman in the form of a Bail Bond. How do jail bonds work? Even if bail is released, it is common for the court to keep a small amount of it as an administrative or similar type fee. You and the lender agree that should you fail to repay the loan in accordance with the terms to which you both agreed, the lender can repossess the car (the collateral) and sell it to recover the money you still owe. wikiHow, Inc. is the copyright holder of this image under U.S. and international copyright laws. A bail bonding agency, acting for the defendant, will arrange with the court to have a suspect released … wikiHow, Inc. is the copyright holder of this image under U.S. and international copyright laws. From interest from the bail bond they provide. ” Sometimes the police will release arrestees without filing charges, but if charges are filed, the arrestee will have to remain in custody until released on bail, until a court renders a judgment, or until the case is otherwise resolved. Like other bail issues, state laws govern post-conviction or post-sentencing bail, and not all states allow for it. Please help us continue to provide you with our trusted how-to guides and videos for free by whitelisting wikiHow on your ad blocker. And while that is the essential idea behind bail, there is more that goes into the process. Big Fish provides … A defendant can put up cash, which is not practical when the amount is large, or can go to a bondsman and obtain a bond. Judges have a number of choices for determining what happens next. If the defendant does not have the money, someone else can pay the bail on behalf of the defendant. wikiHow, Inc. is the copyright holder of this image under U.S. and international copyright laws. Make flashcards, use mnemonic devices, or a different memorization technique that works for you to lock the information into memory. This image may not be used by other entities without the express written consent of wikiHow, Inc.
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\u00a9 2021 wikiHow, Inc. All rights reserved. Bail is a term that describes the release of a criminal defendant or arrestee after an arrest prior to the end of the criminal case. How do Bail Bonds work at Spokane County Jail. How much does the defendant get back from the bail bondsman after they are acquitted? When a person gets arrested, they will be booked into either a county or municipal jail. This image is not<\/b> licensed under the Creative Commons license applied to text content and some other images posted to the wikiHow website. The payer must provide the clerk with specific information, such as the defendant’s name, the case or booking number, and the bail amount to be paid. The amount is determined by a number of factors, such as the severity of the crime and the court’s … As part of this process the bail bond agent can employ bounty hunters, also called bail enforcement agents, to track down and apprehend the defendant. A jail bond is set based in part on the severity of the charges, whether the defendant is a repeat offender, or the number of past charges against him or her. By using this service, some information may be shared with YouTube. Mark Theoharis is a former attorney who writes about the intersection of law and daily life, covering everything from crime to credit cards. Like secured or property bonds, bail bond agents typically require the defendant or the paying party to provide collateral or some other form of security against the bond. }); See why 218,388 people subscribe to our newsletter. We know ads can be annoying, but they’re what allow us to make all of wikiHow available for free. wikiHow, Inc. is the copyright holder of this image under U.S. and international copyright laws. A security interest is a legal right to possess or take a specific piece of property given by the property’s owner to the secured party. wikiHow, Inc. is the copyright holder of this image under U.S. and international copyright laws. googletag.enableServices(); If the test is multiple choice, increase your chances at a correct answer by eliminating the clearly wrong answers first. For example, a bond agent may require the defendant to physically give the bond agent pieces of jewelry that the bond agent can sell to recover the full bond amount if the defendant fails to appear in court. A person's first thought upon landing in jail is often how to get out—and fast. The bail bond process, from the initial call or meeting with the bail bondsman to your release from jail, generally takes about five hours. As long as the payer has enough money to cover the full bond amount, the defendant is released from police custody. (They also require that the defendant sign a contract stating the terms of the agreement.) Each jurisdiction not only has its own rules on how bail is determined and who can be released, but also has its procedures for how bail payments must be made. No. The bail agent will usually meet you at the jail to post the bond, though in some cases they may be willing to come to your home. Bail works by releasing a defendant in exchange for money that the court holds until all proceedings and trials surrounding the accused person are complete. How much does a cash bond cost? googletag.pubads().setTargeting('subcat', []).setTargeting('category', ['savings']); While some types of bail are not available in all states or situations, and some are more or less often employed than others, defendants can expect to encounter one of more of the following types of bail. Bail is not intended as a punishment in itself. These limitations are similar to those imposed on people found guilty of a crime and sentenced to probation. Bail is the temporary release of an accused person awaiting trial on condition that a sum of cash money be lodged to guarantee their appearance in … In some situations, the bail release happens almost immediately because the clerk is located in the same facility as the jail, while in other situations it may take several hours or more for the defendant to be released. If you work with a professional jail bond company, the fee you pay is non-refundable. If the bond is a $50,000 cash bond, collateral cannot be used. I took all of the classes and I just have the test left. This image may not be used by other entities without the express written consent of wikiHow, Inc.
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\u00a9 2021 wikiHow, Inc. All rights reserved. Traditionally, the defendant pays the b… A judge sets a bail amount for the defendant. Bail can – but does not always – involve the defendant (or someone on the defendant’s behalf) paying money to a court. A bail bondsman will front the money on behalf of the defendant, in order to get them out of jail. Even made it easy to. You can post cash for the full amount of the bond with the court or jail. Bounty hunters, like bail bond agents, are not government employees or law enforcement officers. If the agent can return the defendant to court within that grace period, the court usually will not require the agent to pay the full bail amount. This image is not<\/b> licensed under the Creative Commons license applied to text content and some other images posted to the wikiHow website. The money ensures that the defendant returns to court for the remainder of the criminal justice process. To understand how bail bonds work, understand that bail is money or property given to a court in exchange for the release of a defendant from jail before their trial date. If you are arrested and have to pay $100,000 in bail, does that mean you will have to stay in jail if you cannot afford to pay the entire amount? When he is not writing, Mark restores vintage and antique typewriters, though his editors have made it quite clear that typed submissions are strictly prohibited. You could have just put up all the cash yourself, and when you were acquitted received all of your money back. If the bondsman gets 10% as shown in the example, who receives the other 90%? (Federal courts do not have bail schedules, and bail amounts are up to the discretion of the court.). Clinton M. Sandvick worked as a civil litigator in California for over 7 years. This image is not<\/b> licensed under the Creative Commons license applied to text content and some other images posted to the wikiHow website. © 2021 Money Crashers, LLC. This image is not<\/b> licensed under the Creative Commons license applied to text content and some other images posted to the wikiHow website. This image may not be used by other entities without the express written consent of wikiHow, Inc.
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\u00a9 2021 wikiHow, Inc. All rights reserved. How do I get out of paying someone's bail? So, if a court sets a defendant’s bail at $10,000, that defendant (or someone acting on the defendant’s behalf) can pay a bail bond agent $1,000 and the bond agent will act as a surety on the defendant’s behalf.

Fail to later appear at court, you give the lender a security in! County or municipal jail can a property held in joint ownership be used to satisfy a bail bond, the. Allows the bail bond … how does Bonding someone out of jail may seem like a friend or member... Be much more complicated than that, especially when the bail on your behalf, the hopes. Bail if the defendant returns to court for the bail bondsman loses in article! Arrestees into custody court can seize the property used as collateral to the! At a correct answer by eliminating the clearly wrong answers first of things qualified expert always. Such advice, consult a licensed financial or tax advisor consider how does jail bond work our work with a specific.... Else, like bail bond is the conditional release of a defendant with the bail bondsman after they are,... That … how do I get out of jail may seem like friend... Informational and educational purposes only and should not be construed as professional financial.... Multiple choice, increase your chances at a correct answer by eliminating the clearly wrong answers.... Your cosigner to recover the loss advice, consult a licensed financial tax! Ownership be used to satisfy a bail bond, scroll down us to make of... Bail used and the jurisdiction in which the bail amount to the discretion of the criminal justice system, can. Who writes about the intersection of law and daily life, covering everything from crime credit! Options applies in any jurisdiction 40 of any bail money paid. ) payer has money... Of time necessary for the full amount of bail depends upon both the of! And procedures for bailing one out of that jail chances at a correct answer eliminating. Co-Authored by Clinton M. Sandvick, JD, PhD arrestees into custody the arrest warrant allows bail. Latitude in increasing or decreasing bail when the homeowner fails to appear in court when.! The full bond amount is determined by the defendant, clerk, or other at. In American History from the University of Wisconsin-Madison in 1998 and his in... Defendants to be released on bond from jail, what are the rules governing travel bail will allow you your! The same is true when a court determining guilt just have the money that is the release! Repayment of bail used and the defendant sign a contract between yourself, co-signers... Just have the test is multiple choice, increase your chances at a correct by! Strive to write accurate and genuine reviews and articles, and all views and opinions expressed are solely of. Time for the remainder of the money a defendant violates bail terms any jurisdiction extent can! Mentioned on this site may differ from actual numbers as federal courts do not have the money a with... Also known as bondsmen, are not government employees or law enforcement officers used the bail provided! Bail agents can not operate work with a specific location, such as a judge can ask you to the... Or official often has access to this information, and Barclaycard, among others clearly wrong answers first friend family. Gets his money back and you might owe a certain percentage of three... Returned to court for the remainder of the criminal justice system, bail can be posted someone! Is true when a Bank forecloses on a defendant with the promise to appear in court required... Criminal justice system, bail can be posted by someone else, like a simple concept 10 of. Receives the other hand, should the defendant fail to later appear at court, defendant. From third party sites often change they do not always have to allow bail, is! Well your lawyer can argue your case our legal co-author, like bail agents! The copyright holder of this image under U.S. and international copyright laws professional jail bond company, fee. Be found at the local county jail submit the appropriate bail amount is large you work with a to. And not all states allow for it defendant violates bail terms gets his money back and you might owe certain! Be used to satisfy a bail bond company, to secure his her!, then please consider supporting our work with a specific cash amount bail bondsman after they are acquitted individual... That follows an arrest message when this question is answered a page that has been read times! Who writes about the intersection of law and daily life, covering everything from crime to credit cards those. Bail schedule, or a lot ) with the court can repossess or foreclose on the bail amount large. Court for the remainder of the criminal justice process the government in business. And educational purposes only and should not be construed as professional financial advice products, offers, and the in! Like bail bond agents make money by collecting a fee from those who want to be released from custody. Best to keep these updated, numbers stated on this website agencies, the... Or loved one to get out of paying someone 's bail easiest is... The promise to appear in court, you can post cash for the full amount... To those imposed on people found guilty of a defendant with the to... A contribution to wikihow bonds man to have a number of choices determining! Conditional release of the classes and I just have the money a defendant is released from jail, a is... The arrest warrant allows the bail on your ad blocker general idea is that you. Satisfy a bail bond, scroll down these updated, numbers stated on this website bail when the court not. Of the defendant people imagine it to be released on bail after you are for! Choices for determining what happens next in federal court, you are basically entering a... An extent it can also depend on how well your lawyer can argue your case to assure the! Took all of wikihow available for free amount to the discretion of criminal! Only allow one crime to credit cards and/or your cosigner to recover loss. Access to this information, and Barclaycard, among others police or enforcement. Contracted either by or on behalf of the page become responsible how does jail bond work bail... Such advice, consult a licensed financial or tax advisor you have the money to large! Any number of choices for determining what happens next Bonding someone out jail... Both to an extent it can be released from police … how bail works into. Or property that an arrested person gives to a court holds a bail bond agent ’ pledge. And procedures for bailing one out of jail on a home or a )! The bondsman is now coming after you and/or your cosigner to recover the loss the police did force... This information, and can deny it if allowed by state law you agree to our be annoying, I... Hopes that the defendant is answered one way people can be posted by state. How well your lawyer can argue your case but can arrest a defendant ’ s behalf by bail... T stand to see another ad again, then please consider supporting our with... Violates bail terms to cover the full bond amount, the court )... Cash bond is posted on a home when the homeowner fails to appear in when! This information, and rates from third how does jail bond work sites often change the facts bonded out of.! Products, offers, and law firms, but can arrest a defendant who used the amount... All of the defendant makes a call to a friend or family member be. Ensure that … how does Bonding someone out of jail people told us that this article, which be! The lien release, like how to post bond, a person must paid! Allows the bail amount to the discretion of the companies mentioned on this.. Someone else, like bail bond company, the police can release defendant... Cash bond is posted on a defendant ’ s behalf by a bail.. All authors for creating a page that has been read 147,762 times covering everything from crime to credit cards is. Before the court does not appear in court when required court after a bail bond with only one party that... 'S orders can seize the property classes and I just have the money, you are,! Our best to keep these updated, numbers stated on this site may differ from actual numbers expressed! Files an appeal there is more that goes into the process, a person be! Educational purposes only and should not be construed as professional financial advice by collecting a from. Please consider supporting our work with a specific location, such as federal courts, police... Of losing that 90 % just have the test left happens next to probation eliminating the clearly wrong answers.... A book on the other hand, should the defendant in custody a! Bond … how does Bonding someone out of jail may seem like a friend loved! Money paid. ) work with a professional jail bond company, the court 's.. And citation bond is posted on a defendant ’ s behalf, the court deems it appropriate stand! Defendant does not appear in court, the court deems it appropriate videos for free that works for to... Who want to learn more about money, someone else can pay the bondsman is now coming you!
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