No one wants to get arrested and to find themselves in jail. But if this situation does occur, it’s essential to know what to do. Getting out of jail as fast as possible is your top priority. But you may be wondering how to secure your release as quickly as possible. Bail bonds provide the solution you’re looking for to help you get out of jail. Keep reading as we explain what bail bonds are, how bail bonds work, and everything you need to know about using a bail bond to secure release from jail.
What is a Bail Bond?
When a person has been arrested they may be allowed to post bail in exchange for their release from jail while waiting for their court date. This money may be posted as a bail bond by a bail bond agent. The bail bond agent co-signs the agreement and charges the defendant a fee.
How do Bail Bonds Work?
After being arrested, most defendants are faced with two choices: either they wait in jail until their court trial, or they pay the bail amount to secure their release from jail.
For many defendants and their loved ones, posting the full bail amount is just not possible, as most people don’t have thousands of dollars of spare cash lying around. This is why many defendants turn to bail bond agents for help.
The bail bond agent will co-sign the bail agreement. This means the defendant can get released from jail while they wait for their court trial. The bail bond agent will then charge a fee in exchange for the bail bond.
Understanding the Bail Bond Process
Bail can seem really complicated when you’re trying to navigate the process for the very first time. But don’t worry, if you’re looking for a bail bond, the bail bond agent will be able to walk you through the process.
In the meantime, here’s how the bail bond process works:
- The defendant is arrested and taken to jail.
- The defendant will be processed at the jail – this means that they will be booked in, their mugshots will be taken, and their personal possessions will be recorded and confiscated.
- After being processed, the defendant will be held in the jail.
- Depending on the circumstances of their crime, the type of offense they’re accused of, and their criminal record, the defendant may be eligible for bail. The bail amount may be set using the bail schedule held at the jail.
In other cases, whether the defendant is eligible for bail and how much the bail will be set at will be decided by a judge.
- The defendant will be allowed to make a phone call. This phone call can be used to contact family members or friends to arrange bail on their behalf. Alternatively, the defendant may contact the bail bond company to arrange their own bail.
- The bail bond agent will then need to take details about the defendant, and if necessary, the person posting bail on their behalf.
- At this stage, the bail bond agent will need to determine the qualifications of you or your loved one before they co-sign on the bail bond. To co-sign on bail, there are a few requirements that need to be met. Examples of the requirements that are usually needed include the co-signer must be at least 18 years old, be a citizen of the United States, have stable employment, have good credit, etc.
- The bail bond agent then prepares the bail bond agreement, they will then explain the agreement before it is signed. This includes the rules the co-signer and defendant must comply with, for example, attending their court date and sticking to the terms of their release.
- The co-signer will need to pay the bail bond agent a fee. The fee is a percentage of the total bail amount – this is usually 10%.
- Once all the paperwork is completed, the bail agent will post bail for the defendant and arrange their release from jail.
- The defendant’s release from jail can be incredibly fast, sometimes taking less than an hour to complete. How long the release takes will depend on how busy the jail is at that time.
- After being released, the defendant must keep to the terms of their bail. This means showing up for court appearances, and if requested by the judge, they will need to avoid specific areas and individuals to comply with the terms of their bail. Failure to do this could mean they will be re-arrested and their bond will be forfeited, meaning the full bail amount is owed.
The Role of a Bail Bond Agent
A bail bond agent often plays a crucial role in securing the release of a defendant from jail. For many defendants, a bail bond agent is their only hope of securing their release ahead of their trial date.
The bail bond agent can help to guide the defendant or their loved ones through the bail process. This can be particularly helpful at what is usually an extremely stressful time for both the defendant and their family.
The role of the bail bond agent includes the following tasks:
- Running through how the bail bond process will work.
- Assessing your qualifications before offering a bail bond agreement.
- Preparing the bail bond agreement.
- Explaining the obligations you must meet as part of the bail bond agreement.
- Explaining the details of the bail bond agreement.
- Posting bail at the court on your behalf.
Important Information About Bail Bonds
Now you understand more about bail bonds, here is some important information to keep in mind:
- A bail bond is an agreement and co-signing is a significant responsibility so requires careful consideration.
- It is vital that the defendant attends their court dates. Otherwise, the bail amount will be forfeited. A warrant will then be issued for their re-arrest.
- If the defendant skips bail, the co-signer will likely need to pay the full bail amount or hand over property that was used as collateral in the bail bond agreement.
How to Secure a Bail Bond
To secure a bail bond, you will first need to contact a bail bond company. The bail bond agent will ask you questions about the defendant, and if you are a co-signer, they will ask you questions about yourself. These questions are designed to understand your suitability as a co-signer.
To secure the bail bond, the co-signer needs to be at least 18 years old, and a resident of the United States. Collateral may be needed to secure a bail bond, but the bail bond company will usually decide whether collateral is required on a case-by-case basis.
The Benefits of Using Bail Bonds
Using bail bonds offers many benefits. Here are just some of the reasons that defendants and their loved ones choose to use bail bonds after an arrest:
- Enables defendants to regain their freedom ahead of their trial.
- No need to find the cash to pay the full bail amount.
- Many bail bond companies offer discounts and finance to make bail bonds more affordable.
- Posting bail is taken care of on your behalf.
- The bail process is explained to you by the bail bond agent.
- Bail bonds can be posted 24 hours a day, seven days a week, meaning release from jail can be secured faster.
Common Misconceptions About Bail Bonds
Understanding the bail process and how bail bonds work can feel confusing. So, let’s clear up some common misconceptions about bail bonds:
- Bail bonds are only used for serious crimes with large bail amounts – this is not true. Bail bonds can be used to ensure release from jail for many types of offenses, so long as bail is permitted by the judge.
- Bail bond agents are able to negotiate with the jail to lower the bail amount – this is another common misconception that people have about bail bonds. The bail amount is set by the judge or using the bail schedule held at the jail. These bail amounts are not open to any negotiations by bail bond agencies or anyone else.
- Bail bonds need to be paid for in cash – you won’t need to pay for the bail bond in cash. The bail bond agent will charge you a fee, which is a percentage of the bail amount. There may be a finance option available to help with the cost of this.
Understanding what a bail bond is and how bail bonds work is essential to avoid getting caught up in all of these common misconceptions.
If you need a bail bond and want to find out more, contact Balboa Bail Bonds. We’re here for you 24 hours a day, seven days a week, 365 days a year to help you or your loved one get released from jail faster.
Our agents are here and ready to help, so contact us today, and we’ll make posting bail a quick and hassle-free process.