Frequently Asked Questions About Bail Bonds

What is a Bail Bond (Bail Bond Meaning)?

Bail bonds offer someone who has been arrested and charged with a crime the opportunity to be released from jail until their court date. In America, when someone is arrested, they are held in jail until a judge releases them or they post bail.

Bail is an amount of money set by a judge, often during a first court appearance, which is often called a bail hearing. Bail bonds are a type of contract that allows a defendant to leave jail after paying the set amount and remain outside of a corrections facility until their court date(s) or their case has been disposed of.

Below are some of the most commonly asked questions about bail bonds, which will help you post your own bail or assist a friend or family member in need.

How Does a Bail Bond Work?

Bail bonds are really a type of contract called a surety bond. Surety bonds are held by three parties and ensure the fulfillment of a set requirement. In the case of posting bail, a bond promises that they will appear in court as scheduled for their hearing or sentencing in exchange for release. The jail promises to release the defendant for the set bail amount in exchange for their cooperation in all future proceedings.

Due to their high amount, most bail cannot be paid out-of-pocket. As a result, defendants and/or their loved ones turn to a bail bond company that can post bail for them.

How Much Does a Bail Bond Cost?

After the judge has set bail, it's up to the defendant to pay it. In most cases, this isn't feasible due to the high amount. Bail can range from $500 to $500,000 and, in some cases, into the millions. The actual amount depends on the severity of the crime and the risk the defendant poses. For example, if someone has been arrested for a misdemeanor and has no prior criminal history, the judge may lower the standard bail amount or even release them until their court date.

Bail bond agencies (and bail bond agents) charge a fee for their services. This fee will vary and is most greatly influenced by whether it is a state or federal bond. State bonds usually require 10 percent down, while federal bonds maybe 15 percent. This is a flat fee that serves as a premium, and this amount is usually non-refundable.  This is how the bail bond business works, and individuals that provide this service are commonly known as bail bondsmen.

When a person is released without needing bail, it's said to be done on the judge's “own recognizance.” However, for those who need to post bail but do not have the cash themselves, a bail bond may be the only option.

There are two types of bail bonds to be aware of:

Criminal bail bonds are used in criminal cases and ensure a defendant will appear on their scheduled court date. Criminal bail bonds also ensure any payments for penalties or fines issued by the court will be made.

Civil bail bonds are used in non-criminal cases and promise the payment of debt and other costs the defendant accrues.

Typically, bail bond agents require 10 percent of the total bail amount.

What if I Don’t Have Enough Collateral For a Bail Bond?

If the defendant's possessions are not valuable enough to serve as collateral, a bail bondsman or agency may look to their client's family and friends. They could offer up their own homes, cars or cash in exchange for the defendant's release. Collateral is selling or being sold – it is a means of security for the bail bonds company to ensure their client upholds their end of the arrangement, which means showing up to court on time and adhering to the terms of bail by the court and/or the bonding agency.

What is the Purpose of a Bail Bond?

A bail bond gives defendants freedom until their court date. People who have been charged with a crime and post bail agree to show up for their court date so long as they are allowed to remain free in the interim. In most cases, a person who posts bail will have restrictions in place that prevent them from leaving the country or even the state until their criminal case has been disposed of.

What is a State Bail Bond?

If someone has to appear in state court, then a state bond is what someone will have to pay in order to secure their release. State bonds are less expensive and have a lower fee, so they are easier to acquire by defendants and individuals.

What is a Federal Bail Bond?

Federal cases require federal bonds, which typically include greater restrictions and requirements on the defendant's part. By posting a federal bond, a defendant not only promises to show up for their court date but also participates in all court-mandated activities such as drug testing and counseling.

The simplest form of a federal bail bond is an appearance bond, which is known as an affidavit of surety. No money is required upfront in this case; a friend or family member must sign a form called CR-04 that promises to pay bail should the defendant not appear in court or does not comply with court arrangements.

Some states require more than a signature on an affidavit of surety. Real estate is a common form of equity taken by states to ensure a defendant's compliance. If they do not uphold their end of the bail arrangement, then the signee's house or other real estate can be seized.

Do You Get Bail Money Back if You’re Found Guilty?

The results of a court case do not impact whether or not you receive your bail money back. All a bail bond guarantees is that a defendant will make all of their required appearances and uphold any other arrangements. If someone appears in court and fulfills their part of the bond contract, then the bail money and collateral are released even if they are found guilty.

The only amount that is not refunded is the premium paid to a bail bonds agent. This service fee is non-refundable.

Do You Have to Pay For a Bail Bond if The Charges Are Dropped?

No refund is issued if charges are dropped or a case is dismissed. The premium you paid for the bail bond is not refunded if the court date is canceled because the defendant was still released from jail prior to their court date without having to pay the full bail.

If charges are dropped, the signer or co-signer of the bail bond is still responsible for paying the amount. For example, if you agreed to pay 10 percent of the bond in the amount of $1,000, you still owe that amount regardless of whether or not the case is still active.

Can you bail yourself out of jail?

After an arrest, you will be taken to the police station to undergo a booking procedure, which entails taking your personal information, collecting fingerprints, gathering information about the alleged crime, etc. In some cases, you may be released after booking if you sign a statement agreeing to attend your court hearing. Some jails also have duty judges who can issue a bail amount over the phone, eliminating the wait time for a bail hearing at the courthouse.

Sometimes, you can post your own bail based on a bail schedule kept in the jail. Rather than having individual hearings, bail is issued in set amounts based on the offense according to a schedule.

You will need cash on your person in order to pay for your bail. You cannot use a credit or debit card. As most people typically do not have such large sums of money on them at any given time, you will most likely need to use your free phone call to contact a bail bondsman.

Some states do not allow bail bond agencies to operate, and defendants or their family must pay a specific amount in cash before they can be released.

Can a Judge Deny Bail?

Yes, a judge is allowed to deny bail under certain circumstances. If someone has been arrested in relation to a serious offense such as murder, the judge may deem them too dangerous to be released on bail. If someone has a high “flight risk,” they may also be denied bail.

A defendant's flight risk is determined based on the severity of their offense, criminal record, personal connections in the area, job status, and other ties that would diminish the likelihood of someone fleeing prosecution.

How Long Do I Have To Stay in Jail if I Can’t Post Bail?

When you cannot afford to post bail or cannot arrange for a friend or relative to get a bail bond for you, then you will remain in jail until your court date. In some cases, you may be released after the initial bail hearing without having to pay anything. Judges will typically release individuals being charged with a minor offense and no past criminal history on their own so long as they agree to turn up for any following court proceedings.

When you can't afford to make bail, you enter what is known as “remand detention.” You will remain in jail until your court date. You will not be allowed to leave until you are sentenced, acquitted or charges are dropped.

Can You Post Bail After Sentencing?

In some cases, those who have been sentenced to prison but filed an appeal may be granted release on bail. This does not mean that they are free to do or go wherever they want, but it will prevent them from being held in jail while their case is pending.

What Will Happen if I Do Not Post The Bond?

In general, if you do not post a bond, the defendant will remain in jail for as long as his / her case goes on. So, if it takes six months or a year before the case is finally over, the defendant may remain in jail for that length of time.

What if I Do Not Have All of The Money I Need to Post The Bond?

If you do not have all of the money you need to post the bond, you have several options:

• A) We have arrangements with several companies that may be willing to loan you the money you need to post the bond. There are NO credit checks and very few verifications. You will have an answer in 10 minutes or less. If you call us we can tell you more about this.
• B) You can begin making payments to us, and you will be credited for those payments. When you have made payments that total the amount we need to post the bond, we will post the bond for you. This is similar to a “layaway” plan.
• C) You can “split” your payment between cash and/or several credit cards
• D) If you can “put down” the minimum amount of money necessary, we will finance the remaining balance INTEREST-FREE!

What if I Think The Defendant is Not Guilty of The Charges?

At this point, at least as far as the bond goes, it does not matter if the defendant is guilty or not. That will be determined by the court at the appropriate point in time. At this time, a judge or the prosecuting attorney's office has determined there is enough evidence to pursue charges against the defendant, and the judge has set the bond as indicated.

How Does a Professional Bond Work?

A professional bond is often referred to as a “secured” bond. This type of bond is posted by a bondsman for the defendant in exchange for a fee, usually 10%. So if a person has a bond set at $20,000.00, you would typically pay a bondsman $2,000.00 (10% of $20,000.00). The fee paid to the bondsman is “nonrefundable.”

Do I Have to Use a Professional Bondsman?

While I would love to tell you yes, the truth is it depends on how the court or the judge “sets” the bond. In some cases you will NOT be allowed to use a professional bond. In other cases your ONLY choice might be TO use a professional bond. It just depends on how the bond is set. It is also possible in some circumstances to have the bond changed from one type to another.

Can I Post The Bond on My Own?

Again, it depends on how the bond is “set” by the court. You must also keep in mind that even if the court gives you the opportunity to post the bond yourself, in many cases, you must QUALIFY to post the bond. If you don't qualify, you CAN NOT post the bond on your own.

What Does it Mean to Have a “Cash Only” Bond?

A “cash only” bond means exactly what it says. You must take the total amount of the bond to the court in CASH. So if someone has a $10,000 cash-only bond, you must take $10,000 cash to the court. You cannot use a professional bond. However, often times it is possible to get the bond “modified” so you can use a professional bond, because posting a large amount of cash is oftentimes impossible.

Do I Need a Lawyer?

At some point, you are probably going to need or want a lawyer, whether it is a private attorney or a public defender. You DO NOT need a lawyer in most cases in order for us to post the bond. When you use our service to post a bond, this includes a FREE consultation with a top St. Louis criminal attorney. If you are going to hire an attorney, generally, the court will allow some time to do so. Also, make sure you pay close attention to #9 below.

Can I Get The Bond Amount Reduced or Modified?

In order for this to happen, generally, an attorney will need to make a motion to the court. At that time, the judge will decide if the bond should be changed. While this could be successful in some cases, remember, if it is not successful, you will have “shelled out” a bunch of money to the lawyer, and your family member or friend will still be sitting in jail. Unless you have more money to spend, do not plan on the defendant coming home anytime soon. You MUST also pay close attention to how the lawyer is requesting the bond to be “set” during the court hearing. Often times the lawyer, when getting the bond reduced, will request it to be set at “10%.” If you have the full 10% of the bond to post (for example, a $10,000 bond would mean that you have to post $1,000.00), that would be ok for you. But, if you only have $600.00, having the bond set at 10% will NOT do you any good. If you know that you cannot come up with a full 10% of the bond, request that your lawyer have the bond set at “secured.” When it is set at “secured,” this means that you can use a professional bond, and often times when that is the case, you will only need 5% and not the full 10%. If your lawyer is not willing to do this, you might want to “reconsider” your choice of lawyers as they may only have their best interest in mind and not yours!

Why Does Everybody I Talk to Tell Me to Do Something Different?

The bail bonds system is extremely complicated to understand. Most likely, you are getting opinions on what to do from your friends or family members. The problem with this is that while you probably trust and love these people, they are not professionals in the area you need help in. Often times they are telling you to do things based upon what may have happened to them or a friend in a similar circumstance. Remember, each circumstance is different. So, getting a bunch of different opinions from people who are not professionals can end up hurting you a lot in the long run.