How Bail Works?
When someone is arrested, the jail or court may impose a bail amount that must be posted before the person may be released. This amount is designed to ensure that the defendant shows up to all of their scheduled court dates. Though the law demands that bail be non-excessive
, in practice bail amounts can be quite high for most people’s budgets - and that’s where the services of a reputable bail bond service like Alias Bail Bonds comes in.
A bail bond is also known as a surety bond
. In most cases, a friend, relative, attorney or a defendant will make contact with a bail bond company. Through an initial phone consultation, the bail bond company will ask questions to determine the facts of the situation: where the defendant is being held, what the charges are, where the defendant lives, what his/her employment status is, etc.
Should the customer choose to purchase a bail bond, they will need to sign certain documents, including a Bail Bond Application, an Indemnity Agreement, and a receipt. Once the paperwork is finalized, the bail bond agent will post the bond with the jail. This process should take no more than 1-2 hours, but cannot begin until the arrest and booking process is completed.
Since the bail bonds company is assuming the risk involved in the bond, it is in their interest to make sure that the individuals they bail out appear for all appointed court dates. Should a defendant skip bail, the agent is authorized to find the defendant and bring them in to the court’s jurisdiction.
Keep in mind: if the bailee doesn’t appear, the bail bond agent will expect you, the indemnitor, or signer, of the bail bond, to know where the defendant can be found and to help return them to the courtroom.Arrest and Booking
The arrest and booking process can be time-consuming, and the bail process cannot begin until it is completed. When an individual is arrested, they are usually taken to a local law enforcement station for fingerprinting, background check, warrant check, and weapons search. The individual is then taken to a cell, and given an opportunity to make a phone call. Some jails - particularly smaller ones - are able to process individuals in as little as an hour or less, but other jails may take several hours, depending on factors such as how crowded the jail is, and the time of day.
Release Options
There are five ways a defendant can be released:
- Own Recognizance: For certain lesser crimes, a judge released the defendant with a written promise to appear for court hearings.
- Property Bond: The defendant posts a property bond with the court. Equity in the property must be equal to 150% of the total bond amount. This process could take several weeks. Should the defendant fail to complete court requirements, the court can foreclose on their property.
- Cash Bail: The defendant must post the full amount of bail by cash or cashier’s check. The source of funds for large bail amounts must be verified to assure that funds were obtained legally.
- Citation Release: A citation is issued to the defendant, informing them that they must appear on a given date. This is more typical for minor infractions like traffic violations.
- Bail Bonds, or Surety Bond: Posted by a bail bond agent (such as Alias Bail Bonds) with the court.
Release Process
The process may take anywhere from a few minutes to several hours, depending on the size of jail, and other factors.
