The short answer is “yes,” anyone can bail you out of jail. However, the person must meet various legal requirements, including:
- Being over the age of 18,
- Agree to personally vouch that the defendant will show up in court (and agree to forfeit the bail money if they don’t),
- Be able to pay the bail amount.
The following guide will help you choose the right person to bail you out of jail. It will also explain the bail process, the various options available, and the factors that affect the bail amount. By the end, you should know more about what to do to secure your release.
Choosing the Right Person
As you might imagine, bailing you out of jail can be emotionally and financially burdensome for the person doing it. Therefore, always consider the person you choose carefully.
Start by finding someone who is secure financially. Courts and bail bond services will want to see if they have sufficient capital if you skip court or break bail conditions.
You also want someone reliable. Friends and family may change their minds about posting your bail, which can mean staying in jail longer.
Most defendants choose a close family member, like a parent or a spouse, to pay the bail and bust them out of jail. However, you might have a close friend willing to do it.
You can also ask work colleagues. However, you may not want them to know about your arrest and jail time.
Before choosing someone to post bail on your behalf (or co-sign a bail bond agreement), talk to them first. Discuss the costs, risks, and why you must attend your court appearances. Find out how far they will go to ensure you meet your legal obligations.
Understanding the Bail Process
The bail process begins at the point of arrest. After this time, law enforcement officials have 48 hours to charge or release you.
Charging And Release
If they charge you, you will be eligible for a bail hearing. This court appearance is an opportunity for you to argue for bail, preferably with the help of an attorney.
If the judge agrees to release you, they will set a bail amount according to the California bail schedule. You must then post bail with the court.
Available Bail Options
There are two ways someone else can help you pay bail:
- They can pay the court the entire cash amount directly or;
- They can co-sign a bail bond, agreeing to pay the bail if the bail agent can’t recover it from the court later on
Once you post bail, law enforcement will release you, and you can return to your regular life before the trial.
Factors Affecting Bail Amount
How much bail judges demand depends on various factors or circumstances affecting your case. These include:
- Your perceived danger to the public
- Your financial resources
- Your risk of skipping court appearances
- The severity of the charges against you
- Your criminal record and previous failures to attend court
Recently, California changed the law on who must pay bail. The law now states that law enforcement shouldn’t hold individuals who can’t afford bail in jail solely because of their low income. Therefore, they may agree to release you on your “own recognizance,” provided you don’t threaten public safety or the legal process.
Seeking Legal Advice
If someone you know is willing to bail you out of jail, seeking sound legal advice is a good idea. Lawyers can help you understand various bail options available and help you during the bail hearing with the judge.
In some cases, attorneys can help you argue for a lower bail amount based on the factors listed above. For example, they might present evidence that you don’t have the financial resources to pay the bail or aren’t a danger to the public.
Lawyers can also protect your legal rights during the court process. Attorneys ensure that the pre-trial detention process is fair and reflects rules set out by law.
Arrestees have various options when seeking legal advice. These include:
- A private criminal defense attorney with experience in your area
- A legal aid organization that provides low-cost or free legal assistance on bail-related matters
- A public defender – an attorney provided by the state to represent you
If you don’t work with a legal professional, you could be putting yourself at risk. Attorneys can work your interest and that of the person paying your bail by cutting costs and seeking fairer conditions.
Bail Bond Requirements
Friends or family can be co-signers of your bail bond, meaning they will incur the financial cost of forfeiting bail if you fail to show up at court. Requirements include:
- Being a creditworthy individual, displaying the hallmarks of financial responsibility,
- Putting up various forms of collateral, if necessary, such as a house, to secure the bail bond and reduce the agent’s risk,
- Demonstrate financial stability to cover the bail bond fee and any costs associated with forfeiture.
Co-signers that meet these basic requirements must sign a bail bond agreement. This document outlines their responsibilities and the consequences they will incur if you skip bail.
Consequences of Skipping Bail
Failing to attend court or breaking bail conditions can have severe ramifications for the person paying your bail.
The main consequence of skipping bail is forfeiting the deposit made with the court. When this happens, the person or entity that agreed to pay your bail is out of pocket.
Bail agents or law enforcement will then try to arrest you and send you back to jail. You can reapply for bail but are less likely to receive it or find people willing to support you financially.
Securing Your Release
Securing your release from jail is more straightforward when you have people willing to support you. Co-signers reduce upfront costs and help you get back to your routine.
Call our team to learn more about how you can use friends and family to get you out of jail faster. We’d love to help.