How Bail Works

Bailing someone out of jail is a fairly standard process, involving the release of an arrestee in exchange for money. This payment can be thought of as insurance that the defendant will attend every court date. Trials often take weeks or months, sometimes even years, to work their way through the judicial system and reach a conclusion, so bail allows the arrested person to live freely and await trial from home under the Constitutional Right of being innocent until proven guilty.

Bail Bonds Process

After getting arrested for a crime, defendants are typically taken into the local sheriffs or police station for the booking process. Here, police officers will record information pertaining the crime that the person is charged with, as well as taking a mug shot and fingerprints to hold on file should the suspect be convicted in trial. Then the police run a background check for any prior arrests and/or current warrants. At this point, the defendant is allowed a phone call, before being transferred to a larger sheriffs station or holding facility.

The nest part of the bail bonds process depends on the nature of the crime. For a non-serious crime, the suspect will usually be able to immediately be able to post bail. For more severe crimes, the defendant will be held for a bail hearing, not normally more than 48 hours, at which point the judge determines the bail price.
Some of the factors that the judge takes into consideration when deciding bail include the nature of the crime, the suspects risk or flight, previous criminal activity, and danger to the community. Other factors include the suspects work history, time in the community, and stability of residence.

Posting Bail Bonds

When the judge has set the bail price, the suspect is free to receive bail if he or she posts the full amount in cash or bond. If the individual and his or her family cannot afford this amount, then they must hire a bail bondsman to cover the cost. The bondsman is paid a percentage of the bail bond as a fee and posts the remainder under the assumption he will get repaid at the conclusion of the trial, as long as the defendant attends all court dates. The suspect will then be free to return home and get his or her affairs in order while preparing for the upcoming trial.