Someone gets arrested every three seconds in the United States. Though many of those arrested individuals get released without charges, others end up going to jail to await their hearing. When this happens to a friend, family member, or loved one, the first thing on your mind is getting them out of jail quickly.
If the court sets a bail amount, you’re able to help get your loved one out of jail while they wait for their hearing. However, unless you have tons of cash on hand, posting bail can be almost impossible.
Bail bonds can help you get the money you need to secure your loved one’s release. So, how do bail bonds work and what can you expect from the process? Here’s what you need to know.
What Does It Mean When You Get Bail?
While a defendant is waiting for their trial, they can either wait in jail or, if the court deems it appropriate, can wait at home. If the court decides that the defendant deserves the option to wait for their hearing at home, they’ll set a bail amount. This is the amount you must pay the court to get your loved one out of jail.
They base the bail amount on the severity of the crime, the defendant’s criminal record, and their overall flight risk. If the defendant is in good standing, doesn’t have an extensive criminal history, and didn’t commit a gravely serious crime, the bail amount will likely be small. However, if the crime is serious or they’ve committed serious crimes in the past, the bail will likely be high.
Unfortunately, you won’t be able to negotiate a lower bail amount once the court sets the rate.
If you’re able to post bail with cash, you’re free to do so. However, if you don’t have the funds upfront, you’ll need to take out a bail bond.
How Do Bail Bonds Work?
Bail bonds are essentially a type of loan that you can use to get your loved one or yourself out of jail. The bond is in the full amount of the court-appointed bail and gets paid directly to the jail where the defendant is waiting.
You can’t apply for the bail bond with your local bank. Instead, you must speak with a bail bonds company to discuss your options.
What You’ll Need to Provide
When you find a bail bondsman you’re comfortable working with, you’ll need to give them as much information about the situation as possible. They’ll ask you for the person’s full name, the name of the jail they’re held in, the types of charges they’re facing, and the booking number.
The more information you can provide, the better. If you’re unsure of any of the details, don’t panic. The bail bondsman may be able to give you advice on where you can find the information yourself.
Once they have that information, they’ll be able to post bail and help your loved one get out of jail until their hearing.
What Types of Bail Bond Fees Can You Expect?
The exact fees you’ll pay for the bail bond will vary from company to company. Most choose to charge you a set percentage of your loved one’s bail amount for their services.
The fees you pay are the bail bondsman’s premium amount. This is the amount they keep in exchange for posting bail for your loved one.
That’s why it’s important to shop around and make sure you’re able to pay the fees before you commit to working with the bail bondsman. Take your time and compare fees if you can. When you know more about their fees and the types of bonds they issue, you’ll be able to make the best decision for your situation.
Will You Need Collateral?
If you can’t pay the full premium amount or your loved one poses a certain amount of flight risk, the bail bonds company can ask you to post collateral. This collateral is what backs the bail they pay to release your loved one from jail.
The type of collateral you’ll need largely depends on what each company accepts and the severity of the charges against your loved one.
Typically, you’re free to use any real property to meet their standards. This means you could use a car, jewelry, electronics, or even your house to secure the bail bond.
As long as the property you’re posting has real value, the company will likely accept it.
What Are Your Obligations Once You Post Bail?
Once the jail releases your loved one, you’ll need to make sure they attend their hearings on time, every time.
As long as your loved one attends their court dates on time, the bail bondsman will get the money they paid in bail back from the jail. Once they do, they’ll release you from your collateral obligations. This means you’ll get your collateral back and won’t have to worry about losing something you value.
All you’ll end up paying for is the premium amount for the bail bond itself.
However, if your loved one misses their court dates, skips town, or violates any other terms of their release, you’ll lose the items you posted as collateral. Depending on the bail bonds company, you may also have to pay an additional fee.
Luckily, you won’t have to pay any fines or fees if your loved one gets sentenced to jail after attending their court hearings.
Now You Know How the Bond Process Works
A bail bond is the easiest way to get your loved one out of jail quickly so they can get back to their normal life while they wait for their court date. This guide should answer the question, “how do bail bonds work?” in detail so you can take action quickly.
The sooner you can find a bail bondsman you trust, the sooner you’ll be able to get your loved one out of jail.
Looking for more helpful tips to help you navigate the legal system with less confusion? Check out our latest posts.
