Frequently Asked Questions

Bail is the amount set by the courts as a condition of release from jail.

A bond is the funds, or collateral, that the individual uses to satisfy that condition. Bail is set, but the bond is paid.

There are two ways to post bond:

If you can afford it yourself, or have collateral the court will accept, you can pay the bond yourself. This is called a personal bond. Should the person on bond attend all court dates and adhere to the conditions set by the court, you’ll get this money back.

You can contact a bail bond company. They’ll charge you roughly 10% of the total bail the judge set to get someone out.

After posting their bond, a person is normally released within 24 hours.

Before that, though, they may have to wait for the judge to set a bail amount. In felony cases, that can take some time.

For misdemeanor cases, most bail amounts are set on a schedule and don’t vary too much. They still can, depending on the nature of the arrest.

For felonies and some misdemeanors, the judge will determine the amount. There are some guidelines and things the judge will consider, though:

• The severity of the case
• If the person was already out on bail at the time of their arrest
• The defendant’s ongoing risk to their community and others
• The defendant’s prior criminal history
• Whether or not the defendant was on probation at the time of arrest
• Whether or not the person is considered a flight risk
  
  

Judges have to assign bail within 48 hours after a felony arrest.

If you miss a court date, you “forfeit” your bond. If you posted a personal bond, you will lose that money.

If you used a bondsman, they’ll call in your bond. They may find you and take you to jail to await trial.

Before contacting a bondsman, you should know

• Where the person is being held
• The person’s full name and booking number
• How much their bail is
  
  

A surety bond is the contract that you and your bail bonds company agree to. It’s a type of loan that you repay by attending all court dates.

Yes. If the judge believes that someone is a danger to the community or is a flight risk, they may deny the bond.

The total bail amount set by a judge depends on a variety of factors, including the crime the person is accused of and any aggravating factors like the person’s prior criminal record.

Your bond amount is typically about 10% of the total amount of set bail.

Misdemeanor bail is normally set within 24 hours of the arrest. Some counties “schedule” bail and have set amounts. You can post bond on your one phone call in those cases.

Occasionally, if you have a lawyer, they may be able to negotiate on your behalf if you miss a court date.

That negotiation may include bond reinstatement, where your bond will go back into effect, and you won’t have to await trial in jail.