What does it mean to post bail?
Bail is cash or a cash equivalent that an arrested person gives to a court to ensure that he will appear in court when ordered to do so. If the defendant appears in court at the proper time, the court refunds the bail.
If the defendant doesn't show up, the court keeps the bail and issues a warrant for the defendant's arrest. Bail can take any of the following forms:
- Cash or check for the full amount of the bail
- Property worth the full amount of the bail
- A bond—guaranteed payment of the full bail amount
- Release on one's own recognizance (O.R.)
Who decides how much bail I have to pay?
Judges are responsible for setting bail. Because it can take up to five days to see a judge, most jails have standard bail schedules which specify bail amounts for common crimes. You can get out of jail quickly by paying the amount set forth in the schedule.
How much does a bail bond cost?
Most bail bond premiums are ten percent of the full bail amount. For example, if the full bail amount is $10,000.00, the fee is $1,000.00. These fees are regulated by state law. (Total for premium, state tax, and surcharge is $1,037).
Is the bail bond premium refundable?
Once the bail bond is posted and accepted by a court or jail, liability is taken on the bond. At that point, the premium is fully earned and is not refundable.
How long is a bail bond good for?
A bail bond is good for one year. If the case goes beyond one year, the premium must be paid again to keep the bond current.
Who is liable for the bail bond?
The indemnitor (co-signer) is financially liable for the bail bond. Their liability is limited to the full face value of the bail bond.
When to call a bail bondsman?
If you know your bail will be a specified amount, contact a bondsman to coordinate your release. For severe crimes, consult an attorney first, as legal aspects may influence your bail amount during the arraignment.
Is bail a constitutional right?
Due process allows reasonable bail to be set to secure your release until your court appearance. This protects you from potential employment loss or emotional distress caused by confinement.
Bail may be withheld for capital offenses or if your release poses a threat to others. Setting high bail is legal, but it must not be excessive under constitutional protections.