Understanding Bail Bonds

Whenever a story about an arrest has appeared on the news, you’ve probably heard the anchor wrap it up with phrases like: “Bail for the defendant was set at $50,000.” Or perhaps, “Bail was posted for this defendant by the family. The defendant was released from jail this morning.” You may then ask yourself: What do they mean by “bail”, exactly?

We’d like to tell you about bail and how to take advantage of it, in case you or someone you know is ever arrested. We hope, of course, that nobody ever finds themselves in this position, but people sometimes make mistakes and when they do this type of information can be beneficial.

What is Bail?

Let’s begin by defining what bail is. Bail is a monetary amount set by the court which, when paid, grants the temporary release of a defendant from jail until their next scheduled court appearance.

How is Bail Set?

Bail can be set anytime after an individual is arrested. Depending on the nature of the alleged offense, the bail amount can even be decided in just a few hours after the initial arrest is made. Court judges are responsible for determining the amount of the bail for each arrestee, and they do this by annually setting a bail schedule that gives them guidelines for the amount of money they should request, based on what kind of crime that person is charged with.

A judge may also look into the defendant’s past criminal history, if they have one, and assess how likely they are to skip their next court date and, most importantly, consider the risk of harm to society. The bigger the risk, the higher the bail amount he will set.

If the defendant has a clean record, the judge will be more confident that he can be trusted to make his court date and thus set a bail amount that is much lower. An individual who has committed the same crime, but who has a history of missing other court dates, probably won’t be so lucky.

Why is Bail So High?

Many people are shocked when they hear how hight a bail amount may be, and rightly so, for it is often thousands of dollars. In California, the average bail is about $20,000, but $50,000 is a fairly common bail amount as well.

If, after you find out what the initial bail amount is, you feel that it is too high, you can request a bond hearing on behalf of the defendant to see if you can get the amount lowered. A judge will hear you or the arrestee’s lawyer out and then rule again. At this time, the defendant’s financial standing is taken into consideration along with any ties he has to the community. If he has local family or owns his own business that may way in his favor. But if defendant is just passing through the area, is a repeat offender or is not a US citizen, any request for a lower bail amount will most likely be turned down.

The down side to seeing the judge: this takes time. The defendant waits in court. Additionally, the judge has significant latitude. The bail can be left the same, removed (meaning no chance of getting out until the matter is resolved in court), or even raised by the judge.

Paying for Bail

When it comes to paying for bail, you have three options:

• Cash Bail: you can take the full amount in cash or cashier to the court.
• Property Bail: You secure the bail with real property – a  house or real estate. This involves pretty much the same process as selling a house. So, you should expect it to take about 30-60 days.
• Surety Bond:Using a bail bondsman. Generally, you will pay 10% of the full bail amount as the bondsman’s non-refundable fee. You take responsibility to make certain that the defendant goes back to court.

We hope that makes bail bonds clear. If not, click About Us, then Contact above. Send us your questions for Ask the Bondsman!

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6 responses to “Understanding Bail Bonds”

1. court bonds writes:
   

   Great post, Very informative…

   @ March 22nd, 2010 at 23:38
2. bail bonds in las vegas writes:
   

   I agree w/ how u explain the bail process. Half of the cientele out there only have rudimentary knowledge on what it means.

   @ May 30th, 2010 at 10:35
3. Isabel writes:
   

   Well this really helped I currently have a Uncle in jail and I have never been in this situacion so I never really cared to understand what a bail bond meant. But this really!!! Helped Thank you

   @ June 17th, 2010 at 14:49
4. Tonya Page writes:
   

   Isabel: Sorry to hear that you need to deal with bail for your Uncle. I’m glad we could help you understand the process.

   @ June 18th, 2010 at 06:11
5. bonding companies writes:
   

   Well, I can therefore say that a bail bond is a document which assures the court that a person charged with an offense, and who typically is in jail, will, if released, appear for future court dates.

   @ June 19th, 2010 at 22:29
6. what is bail writes:
   

   My friend was caught stealing from a store last year and she was able to get out on bail. I thought when you pay a bail, it means you are going to pay the full amount. Thanks a lot for the info! Some of us are really ignorant when it comes to stuffs like this.

   @ February 25th, 2011 at 23:19