The Bail Process

Bail Bonds Process

How Bail Bonds Work

Ever wondered how bail bonds work? If you have been accused of a crime and need bail money, here is how the bail bonds process works. First, a bail bond is money given to a court by an arrested person that ensures the court they will appear at their scheduled court hearing.

Appearing In Court

If a defendant shows up in court on their scheduled court date, the bail bond money will be refunded. However, if a defendant does not appear at their scheduled court hearing, the court keeps the bail money and a warrant for the person’s arrest is issued.

How The Amount Of Bail Is Determined

Within approximately 48 hours after arrest, a bail bond hearing happens. During this hearing a judge will determine the amount of the bail based upon a number of circumstances and the nature of the alleged crime committed. The judge will also determine the amount by the risk that the defendant will not appear in court on the scheduled date. Typically, the court system has a standard bail bond amount pertaining to a specific crime. However, the judge does not have to go by the standards for bail bonds amount.

Once the judge has set a specific bail bonds amount, paying the amount is the next step in the bail bonds process.

Four Ways To Pay

There are four different ways to pay for bail bonds.
  • Cash
  • Secured bail bonds
  • Unsecured bail bonds
  • Signature or own recognizance (OR)
When a bail cannot be paid in full, a bail bonds service will provide the court up front with the full amount if the defendant can pay at least 15% of full bail amount.

How Bail Bonds Services Work

If a defendant chooses to use a bail bonds service, 15% of the full bail amount must be paid up front for the bail bonds service to pay the court. The bail bonds service posts bail in full, and the client can get out of jail. The service is taking a risk on the defendant, promising the court the defendant will appear in court on scheduled court date. However, this is not always the case. The bail bonds service requires an indemnitor to guarantee that the full amount of bail will be paid if the defendant does not appear in court.

In the event that the defendant does not appear in court, the initial 15% of bail will go to the bail bonds service, and the court will issue a warrant for the defendant’s arrest. The defendant will also be required by the courts to pay the full amount of bail, in addition to the already 15% paid to the bail bonds service.
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