Home Blog Bail Bonds What To Do In States That Don’t Have Private Bail Post Image

October 21, 2022  |  Posted by Balboa Bail Bonds Team  |  Bail Bonds

Did you know that some US states don’t have private bail? These states include the following: 

  • Nebraska
  • Maine
  • Illinois
  • Kentucky
  • Oregon
  • Wisconsin

Consequently, if you get arrested in one of these states, you won’t be able to obtain a private bail bond to ensure you are released before your trial. It could mean that you end up spending time in prison, which can be extremely terrifying – and unwarranted in many cases. Innocent people shouldn’t be made to suffer, especially as they haven’t had a chance to defend themselves in court. 

So, what can you do in states that don’t have private bail? Unfortunately, each state has its own rules relating to posting bail. The best way to figure out what to do is by looking at each of them individually. 


The law surrounding bail bonds in Nebraska states that the jail becomes the bail bondsmen. It is possible to secure your release from prison before your trial if you pay 10% of the bond. Unfortunately, the money you pay is completely non-refundable so you don’t get it back even after going to trial – or if you are innocent. 


It is possible to obtain a bail bond in Maine, though it will require collateral. The current law states that you must own a property in the state of Maine that can be put up alongside the bond. It also needs to be the same value as the bond – or more. This is technically a type of surety bond, and you will be allowed to go home before your trial. If you appear at all of the pre-agreed court dates, you won’t have to pay any money.


The good news is that bail does exist in Illinois. The bad news is that bail bond agents are banned, and you can’t get your bail paid for by attorneys or employees of the state. You can, however, secure your release before a trial. To do this, you will have to pay at least 10% of the bail amount to the clerk of the circuit court. Again, this is non-refundable. 


Did you know that Kentucky was the original state to outlaw commercial bail services? It happened in the mid-1970s and hasn’t changed since. The state does provide a few other options to let you go home before your first court appearance: 

  • Minor offenses can offer a cash bail that friends or family are allowed to pay for you, but this has to be paid in full!
  • In more serious offenses with higher bail, you will have to pay 10% of the amount directly to the court
  • Sometimes, a property bond is allowed, which follows similar rules to Maine. You can put up a property that’s in the state of Kentucky as collateral, but it has to be double the value of the bond  


Oregon follows similar rules to Nebraska in that the jail plays the role of a bail bondsman. Again, you need to pay 10% of the bail bond in cash to be released. Unlike Nebraska, current Oregon laws do permit the court to return 85% of what you paid. This is only the case if you attend all court appearances and don’t get yourself involved in other issues. The other 15% of what you paid is kept by the court to cover various fees. 


You will not be able to find a private bail bond agent in the state of Wisconsin. But, there is some good news. Of all the states that don’t have private bail, this one is the most lenient. You have the option to let one of your family members or friends pay 10% of the bond amount. In essence, they are acting as a surety for you, much in the same way as a bail bondsman will act in other states. 

So, depending on what state you’re in, these are your options when no private bail is provided. Thankfully, there are ways for you to be released from jail pending a trial. Granted, they are slightly more challenging than getting a private bail bond, but at least the options are there. 

What to do in states that DO have private bail?

If you are arrested in a state that does have private bail, your best course of action is to contact a private bail bond agent. At Balboa Bail Bonds, we serve the entire state of California, offering a series of surety bonds for those in need. Obtaining a bail bond is essential to ensure you are released and allowed to go home before your trial. It also means you will not have to pay the full bail amount, provided you attend all court dates. 

Why choose us for private bail bonds in California? 

It’s simple, we don’t require collateral for most cases in this state. As such, you don’t have to worry about your property or assets being seized if you fail to make a court appearance. We also provide free price quotes for all of our services, so you know exactly how much you will pay before you pay it. 


As if that wasn’t enough, we offer bail information and a friendly customer service team who is always happy to answer any queries 24/7. If you speak Spanish, we have you covered too. Our entire team is fluent in Spanish, making your life easier. 

With that in mind, if you have been arrested in California and need to post bail, get in touch with us today. Our private bail bond agents will help you get out of jail and back to the comfort of your home. Here, you can spend time with your family as you await your trial. 

Please feel free to contact us for more information or advice relating to bail or bail bonds!