PostHeaderIcon What You Need To Know About The Bail Process

Getting a call from someone who is asking you to post bail for them is a very surprising, and often confusing, moment, particularly if you've never done such a thing before. You'll probably be tempted to ask for details about the situation, but stick to just what you need to know, like location and bail amount. You'll want to act right away to keep the person you're bailing out from spending time in jail.
by StephenDaniels


Getting a call from someone who is asking you to post bail for them is a very surprising, and often confusing, moment, particularly if you've never done such a thing before. You'll probably be tempted to ask for details about the situation, but stick to just what you need to know, like location and bail amount. You'll want to act right away to keep the person you're bailing out from spending time in jail.

Clearly, the first thing to ask is the amount of money that is necessary. Most jails have standard amounts that have been set by judges for common crimes. This figure is not negotiable. You'll want to speak to the booking officer and find out if the judge has demanded cash. If the answer is "yes", you will need to produce actual money. Personal checks are rarely accepted. Some states accept debit or credit cards, but the process involves a third party and is somewhat complicated. If cash is required, stopping at an ATM is probably the easiest thing to do. Once the cash is turned over to the booking officer, the arrestee will be released to your custody. By posting bail, you are responsible for seeing to it that the defendant shows up for the trial, after which your money (minus some administrative charges) will be given back to you.

However, if bail is set too high for you to pay it, you will need the services of a bail bondsman. The booking officer may be able to suggest bail bond companies in your area, or you can simply look in the local phone book for a convenient office. Once there, be prepared to answer a fairly lengthy list of questions and to part with some cash.

Usually, bail bond companies charge a non-refundable fee of at least ten percent. I bail is set at $5,000, for example, you will need $500 in cash to pay the bondsman. The company will inquire about your relationship to the defendant, what you know about his background, employment, living arrangements, and any other personal information you might have. They will obtain a report from the police on the details of the arrest as well. Based on what they learn, they may suspect that the defendant might not show up for trial. If this is the case, they will ask you to put up additional collateral in the form of real or personal property to back the loan in full. This means that you may have to put your house, your car and any other valued property at risk.

Given these circumstances, it's clearly a better idea to pay the money yourself if you can afford it rather than to use a bail bond company. No matter which you choose, it's important to recognize that the process will be expensive. Even a best case scenario court case is costly. After paying lawyers and court costs, the person you bailed out is likely going to be in debt. You'll be just one more person he or she owes money to. Thus, think twice about posting bail for anyone unless you're in a financial position to shell out a substantial amount of cash for an indefinite period of time.

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