Category: Bail Bonds

Although someone is arrested every three seconds across the US, many people think that it isn’t something that can happen to them or someone they know. However, the reality is that an arrest can touch the lives of anyone regardless of age or socioeconomic status.

If your loved one or friend was arrested, you may be frantically wondering how to bail someone out of jail. Read on for a step-by-step guide on how to get someone out of jail as they await their court hearing.

1. Understand What Bail Is

You likely have heard the term “bail” before on TV or in books. However, you may not know what exactly it means despite understanding the general concept.

When you bail someone out of jail, you pay a set amount of money to the court system. Once the bail is posted, the defendant that you bailed out will be able to wait for their courtroom trial at home. They would otherwise need to wait for their trial in jail, possibly for months.

If the defendant shows up to court for their hearing, the bail money will be returned to the poster. If they do not show up, the money will never be returned. It’s essentially a tool to encourage the defendant to show up to court for their own legal proceedings.

2. Gather Basic Information

You generally will post bail after hearing about the arrest. Usually, this will take place when the defendant calls you from jail. You may also be told about the arrest by another person that they called.

If you don’t know where the person that requires bail is, it’s important that you find out. Make sure that you ask the defendant (or a loved one who knows more details) where the arrest happened. Tell them to give you a specific city name and, if possible, police department.

From there, you can call the police department that made the arrest. Ask them to put you in contact with the jail where your loved one is being held. Once you are communicating with the jail, ask for the defendant’s booking status.

You only need to post bail if they are to remain in jail after booking. If they are released after booking, there’s no need for you to put any money down. Contact your loved one and ask about other ways you can support them.

3. Learn About Your Defendant’s Situation 

So, how much does bail cost?

The amount of money required to bail someone out will depend on the individual defendant and their circumstances. The main factor that courts consider when determining a bail amount is the nature of the crime. Some crimes will have higher bail than others, and many violent offenses do not even qualify for bail.

Courts will also look at the defendant’s criminal record and employment history. If someone has committed many crimes, bail will likely be higher. If someone has a good reputation and steady employment, it will likely be lower.

Learn about the specific circumstances of your loved one and ask how much their bail is. This will give you an idea of how much you can pay.

4. Get Bail Bonds

If you do not have the funds to post bail for a defendant, there are still options available to you. Bail bonds are one of the best ways that you can get the money required for bail. These surety bonds are given to you through a bail agent/bondsman so that you can have someone released from jail.

After a judge sets the bail amount, you can reach out to a bail bondsman to discuss your situation. You’ll pay a fee of usually around 15% of the bail out of pocket to the bondsman. The bondsman will then post the entire amount of the bail.

Once the defendant appears to all court appearances, the bail bond liability terminates. The bondsman keeps the percentage that you covered as payment for their services. 

5. Await Trial

After you post bail at the jail where your loved one is held, you will be allowed to take them home. They will be released from custody so that you can bring them back using your own vehicle or other transportation. The jail will not drive them home.

When awaiting trial, different defendants will need to follow different terms and conditions. Most will be under some form of house arrest. They will have a curfew and only be allowed to visit certain locations.

Make sure that your loved one follows the terms of their bail. This means wearing their ankle bracelet if necessary and not consuming alcohol or drugs.

You also will want to arrange for transportation on the morning of their trial. If the defendant does not make it to their hearing, you will need to pay the bail bond sum back to the bondsman. Bailing someone out requires trust.

Check in with them regularly to make sure that they are doing well. Remind them of the trial date when it approaches. Make sure that they are comfortable and happy while awaiting their hearing; after all, that’s the point of bail.

Beyond How to Bail Someone Out of Jail

While learning how to bail someone out of jail may sound like a challenge, the process is actually very simple. This is especially true if you talk to a licensed agent about the bail process before putting down any money.

We’re committed to ensuring that your loved one is able to await their court date with dignity and in peace. Contact us to request a free consultation with one of our experienced bail bondsmen today.

North Carolina has the 21st lowest incarceration rate in the United States with 35,697 individuals currently in state prisons.

If you or your loved one are part of this statistic, the best way to get out of jail as soon as possible is to hire a bail bond service. Their job is to cover your bail amount and deal with the legal process on your behalf.

This service is necessary, but it’s offered by so many companies that choosing the right one can be difficult. You need to consider their cost, reputation, process, and more.

Read our bail bonds service guide to learn how to find the best local options for your needs.

Finding a Bail Bond Service

One of the best pieces of bail bonds service advice you’ll ever receive is to choose the right bondsman to help you through the process. They’ll ensure it’s done as quickly and seamlessly as possible.

Consider important factors such as whether they can cover the entire bail amount as well as their fees, bond options, areas and quality of service, reputation, credibility, licensure, process, and communication.

Bail Amount and Cost

The average bail bond is $10,000. Factors that affect the amount include you or your loved one’s record and the crime in question. Wait until this amount is set before reaching out to a bail bonds service and make sure that they can cover the entire amount.

After that, finding out how much a bail bonds service will charge you is one of the most important questions you can ask.

Find out what percentage of the bail amount they expect you to pay. This varies and can be covered either in cash or by using collateral. Ask about payment plans as well.

Low rates don’t always mean better service, so you should always ask for the exact rate. Most charge 10-15% of the bond amount.

If a bail bonds service expects a higher percentage, they’re overcharging you. If they go below it, they may not be reputable and are only offering lower fees in a desperate attempt to get your business.

Check if the charge is a one-time payment or an annual fee. Dishonest companies may try to conceal this, which is why you should always read your bail contract in full.

Bond Options

Types of bail bonds include cash, surety, property, and immigration. Make sure that the company you choose works with the type you need. 

Certain bail bond services specialize in specific types or amounts of bonds. They may only work with small or high numbers. Make sure that their limits aren’t too low or high for your bail amount.

Areas of Service

Bail bonds companies serve specific locations and may not be able to help in your area. Find one that serves your entire state to get you or your loved one’s bail posted as quickly as possible.

Licensure and Credibility

A reputable bail bonds service should be registered with the Better Business Bureau. They should also maintain a high score with the organization. Both serve as a symbol of their credibility.

Look for a bail bondsman who’s licensed to operate in your state and can provide proof of licensure. Check if their license has ever been restricted or suspended and why.

Out-of-state companies come with several drawbacks. They often charge extra fees and aren’t as familiar with the laws in your state.

Reputation

60% of customers trust reviews from family, friends, and other customers. They’re relied on when purchasing products but are an important tool for choosing a bail bonds service as well.

Look at the company’s online reviews, ratings, and online comments. Look for any complaints and check to see how they’ve handled cases similar to the one you or your loved one is facing. 

You can also ask your lawyer, local detention officer, or neighbors for bail bonds service tips and recommendations.

Process 

Getting released on bail is a complex process, which is one of the reasons that you need a bail bondsman to help you. They can handle most of the steps, but you still need to know how several parts of the process work.

Ask a bail bondsman to explain how they’ll pay bail and get you or your loved one released. Every case is different, but it’s a major red flag if they can’t give a general explanation of what to expect.

There is no definite timeline for how long it will take a bondsman to pay you or your loved one’s bail and get them out of jail. They can give you an estimate, but be wary if they try to give you an exact date.

Bail bondsmen have no control over when you or your loved one will be released from jail. If they try to say that they do, they may be trying to lure you into signing a contract as soon as possible.

Communication and Service

Contact the bail bonds service online or give them a call before you hire them. After that, pay attention to how they communicate with you and/or your loved one.

They should be able to communicate well and clearly explain all steps of the bail process. The more clarity they provide, the less stressful it will be for everyone involved.

They should also be able to ensure that you or your loved one shows up to every necessary court date to avoid serious fines and legal issues.

Bail terms can change at any time, which is why the best bail bond service offers 24/7 support. They should be willing and able to answer any questions or solve any problems you have whenever you need them.

Where to Find a Bail Bonds Service Near Me

Hiring a bail bond service is necessary when a judge sets a bail amount that you can’t afford. Before choosing one, ask them questions about their fees, reputation, process, service, and more.

Amistad Bail Bonds is a reputable, licensed bail bond service in North Carolina. Contact us today to see how we can help you or your loved one.

If the first thing on your mind when your loved one or friend calls you from jail, letting you that they need help, is, “How are we going to afford to get them out?”, then you need to check out this article.

It is a scary and stressful time when you receive that phone call, and we know the steps you can take to get them out as soon as possible. Below we will go over what bail is, how it is calculated, and how you can pay it.

What Is Bail?

Bail is usually some type of bond, property, or cash that someone gives to the court to be released from jail after an arrest. The purpose of posting or paying the bail amount is to ensure that the defendant will return for their scheduled court appearances.

If a defendant is a danger to society or a flight risk, their bail is typically higher, or they’re not allowed to post for bail. When the trial is over, bail is generally returned to the defendant less a processing fee.

How Is Bail Cost Determined?

Generally, the judge will decide the bail amount by weighing certain factors such as the type of crime, how dangerous the person is, and the risk of that person fleeing.

In some instances, the defendant may leave jail without paying any money so long as they keep their promise to return for their hearings and trial. This is usually only if the defendant has indications that they won’t flee, such as having a stable job or roots in their community.

Other factors that a judge considers when setting bail include the following:

• The defendant’s criminal record

• The likelihood of the conviction for the crime

• The defendant’s character and mental condition

• The defendant’s financial resources

Bail Amount for Murder Charges

Murder charges usually do not have any bail set for the person due to the severity of the crime. For a 2nd-degree murder charge, bail can start around $250,000, whereas, for 1st-degree murder charges, the bail can skyrocket to amounts above 1 million dollars.

Bail Amount for Manslaughter Charges

There are two types of manslaughter charges that someone can receive: involuntary and voluntary. Involuntary manslaughter is when someone kills another person unintentionally. For example, if a drunk driver were to have killed a pedestrian, that is involuntary manslaughter.

Voluntary manslaughter would be if someone were to kill someone in the heat of the moment, for example, if someone were to get into a fight and one party grabs an object and hits the other on the head, killing them.

Voluntary manslaughter is also considered unintentional since the defendant didn’t intentionally plan to kill the other; it just happened in the heat of the moment. The bail for voluntary manslaughter can be around $100,000, and involuntary can start at $50,000.

Bail Amount for Immigration Cases

Immigrants detained at the border or arrested in ICE raids can sometimes be released after paying a cash bond. These amounts for this type of bail can range from $1,500 to $250,000. We understand that there are a lot of families who cannot afford this amount, so we service immigration cases nationwide.

Bail Amount for Arson Cases

Arson cases where there is the intent to harm other people can carry a bail amount as high as $200,000. Arson crimes started because of a riot or a protest can have a bail amount of $150,000. If the defendant committed the crime in a park or a forest, the bail might be around $50,000.

Bail Amount for Drug Possession Cases

Bail for drug possessions can vary based on the type of drug, the state the offense was in, previous drug charges, and if there was an intent to sell. If this is your first time possessing illicit drugs, you may have a bail bond set at $2,500, but if this your second offense, it could be around $5,000.

Bail Amount for DUI or DWI

A first offense DUI (Driving Under the Influence) or DWI (Driving While Intoxicated) charges can be between $500-$2,500, and second offenses can be around $10,000. The more offenses someone commits, the higher the amount gets, and after four violations, the DUI or DWI turns into a felony with a bail amount of $50,000.

How Is Bail Paid?

There isn’t a restriction on who can pay for the defendant’s bail; if your family, friends, or coworkers want to pay for it, they can. The bail can either be paid directly to the court by pledging property or using a bail bondsman company.

Bail Bondsman

If you or your family cannot outright pay for the bail with your own money or property, a bondsman is another option. A bail bondsman or bail bonds company provides the court with something called a “surety bond,” which promises to pay to court if you fail to appear.

To obtain a bail bond, you or whoever is bailing you out will have to pay a non-refundable fee that amounts to up to 10 percent of the bail amount. Bail bondmen also will require collateral such as your car or your home if you fail to appear at court.

Pledging Property

Instead of cash bail, some courts will allow defendants to put up property such as your home as collateral. There must be equity in the property offered, and if you fail to appear, the court will seize the property.

Paying the Court Directly

If you can pay the courts for the bail outright, then the money will be returned to you at the end of the proceedings, less any admin fees. If you do not appear in court, that money is automatically forfeited.

Get Your Bail Settled Today

If you find yourself searching for “court help” or “bail North Carolina,” contact us as soon as possible so we can take care of you and your loved ones.

With decades of experience in the bail bond industry, we have effective strategies proven to get those we represent out of jail quickly. We offer free consultations, and we are available 24 hours a day, 7 days a week, so we are ready to help you at any time.

Is your loved one in jail and seeking bail before their court hearing? Do you wonder where you can turn to find the money to bail them out without sacrificing your own finances? If so, then you need to find a bail bonds service.

Doing so can ensure that your loved one isn’t just given time to prepare for their case, but that they’re held accountable to appear whenever and wherever they need to.

See below for an in-depth guide on how to hire a bail bondsman and find one that lies with your loved one’s best interests. Be sure to consider all the tips below.

1. Check Online Reviews

it’s understandable that you’d feel rushed to find a bail bondsman quickly after hearing that your loved one has been arrested. However, it’s essential to find a reputable bail bondsman, so it’s worth taking a bit more time to do so.

Maybe your loved one has been arrested in a county or town that you’re unfamiliar with. If so, then you should rely on online reviews to find the right fit.

Before you reach out to a bail bonds service, look into both the ratings and comments that previous clients have left behind. How quick were they to respond? Do they recommend the service to others? How are their communication skills?

Finding someone to cover the bonds is only half the battle. You want to find someone that can hold your loved one accountable for showing up for all their court dates.

2. Get the Overall Bail Amount

To find the right bail bonds service, you need to make sure they can cover the total bail amount that’s attached to your loved one.

When your loved one gets arrested, a judge in the county they were arrested will set the bail amount. There are a few factors that weigh into this decision, such as their past record, the crime that was committed, and so on.

You must wait to reach out to a bail bondsman after that amount has been set.

Imagine the horror of thinking you found a bail bonds service, only to find out they can’t cover the bail once the judge has handed down the amount needed. Now you have to start all over in your search before getting your loved one out of jail.

Once the amount has been set, you can use it to go out and find the best service to help your friend/family member out.

3. Find Someone With Good Communication Skills

Your biggest concern about this entire situation might be your unfamiliarity with the process. How can you be sure that you’re connecting your loved one with the best bail bondsman for their situation?

Communication skills are always a great determining factor. You want someone that will be able to guide you and your loved one through this process. Someone that can lay it out step by step.

They can help manage your expectations, keep your loved one informed of any court dates they need to appear at and work in combination with your loved one’s lawyer to ensure as smooth a trial as possible.

If your loved one misses a court date, intentionally or accidentally, the court may decide to issue an order for arrest. Local officials will come to take your loved one to jail and, this time, they won’t be eligible to post bail.

Because of that, be sure to ask any bail bonds service you talk to about how they communicate with their clients. Do they seem willing to answer any questions that your loved one has?

4. 24/7 Service

This is an incredibly important part of finding the bail bondsman you should hire. A bail bondsman isn’t a 9 to 5 job. In fact, most of the crimes will occur during the evening and after dark.

For that reason, it’s important to find a bail bondsman that’s available 24 hours a day every single day of the week. That way, you can ensure that your loved one will receive their undivided attention whenever they need it most.

If you pick up the phone to call someone and the service isn’t answering after a few tries, then cross them off your list. You need someone that’s waiting by the phone to help you through these difficult and unforeseen times.

5. Ask Around for Pointers

If you’re unsure where to start looking for a bail bonds service, then there are a few resources you can use to help yourself out.

First, if you have an established family lawyer, you can ask them for suggestions or referrals. Assuming they know the area well enough, they will have crossed paths with reputable bail bonds services in that county.

Secondly, you can ask the detention officers that you talk to. These officers work with local bail bonds services on a day to day basis. They’ll be able to point you to the best services in the town.

This can help you refine your search. Reach out to the ones that they recommend and see if it’s a good fit for your loved one’s situation.

Find the Right Bail Bonds Service for Your Needs

Now that you have seen all the best tips and tricks for finding a reputable bail bonds service in the area, be sure to use them wisely when starting your search.

Be sure to read this article for more information on how to deal with a domestic violence case that you were falsely accused of.

For more inquiries, please be sure to reach out via our contact us page and we will be happy to assist you further.

Believe it or not, about 339 out of 100,000 people in North Carolina get sentenced to jail time. Only a fraction of those incarcerated will get awarded bail while they await their trial and final sentencing.

Just getting awarded bail doesn’t mean you’ll be able to get out of jail. You still have to come up with the money!

If you’re like most people, finding enough cash to pay the court can be almost impossible. Working with a bail bonds company can make it much more affordable.

However, not all companies work the same way. Here are a few key questions you need to ask before you agree to work with a bail bondsman.

1. What Will You Charge for Your Services?

When you apply for a bail bond, you’re expected to pay a certain percentage of the total bail amount to secure the loan. This helps show the bail bonds company that you’re serious about the loan and protects them if you end up not paying the bond back in full.

This amount is usually paid in cash when you apply for the bond. However, if you can’t afford a cash payment, you may be able to use your personal property as collateral.

The total percentage of the bail that you’ll pay will vary from company to company.

Your payment should be fair and shouldn’t break the bank, but you will have to make some kind of payment for the bond. Ask every company you speak with about their rates and their fees.

Look for one that you can comfortably afford and don’t be afraid to ask about any payment plans that can help reduce the financial strain you’ll face.

2. Are You Able to Help in My Location?

Bail bonds companies serve specific locations. This means the first company you find may not be able to help you if you’re held in a separate county or city.

Before you agree to any terms, ask the bondsman if they’re able to help in your location. If they’re not, keep looking.

You can also save yourself the stress and look for a company that serves the entire state rather than a single location. This way, you’ll know your loved one will get their bail posted as quickly as possible without any delays in processing.

3. Are You a Member of the Better Business Bureau?

When it comes to working with a bail bonds company, you want to make sure they’re experienced. The best way to do this is to look at their online reviews and see what their previous clients have to say about their services.

During your first phone call, find out if the company is a member of the Better Business Bureau (BBB). If they’re a member, it shows that they care about their reputation and will work to make sure every client feels satisfied with their services.

If their score is high, you can expect the same quality service. However, if the company’s overall score on the BBB is low or you see frequent issues and complaints, keep looking.

4. Are You Licensed?

Bail bonds are a regulated industry in most states. This means you want to work with a licensed bail bondsman at all times.

Before you agree to work with anyone, make sure they’re licensed to operate in the state. If they’re not, you have no way of guaranteeing that the company will provide bail and stand by the terms of the agreement.

If the company you’re considering working with won’t provide proof of their license or tells you they’re not licensed, keep looking. It can save you time, money, and frustration.

5. What Size Bail Bonds Do You Provide?

Believe it or not, some bail bond services only offer bonds on certain amounts of bail. Some only work with small bail amounts while others only provide bonds for high-dollar bail amounts.

With the average bail amount in the United States running about $10,000, you need to find a company that can cover the full amount.

When speaking with a representative, make sure to mention the amount of bail you need to qualify for release. Then, make sure the company can provide a bond in the full amount that you want to borrow.

If they can’t or have limits that are too low, keep looking.

6. How Quickly Can You Get Me Out of Jail?

The correct answer is “it depends.” Any bail bonds agent that provides a firm estimate of how quickly they can get you out of jail isn’t someone you should trust.

Remember, every situation is different. The bail bondsman can only tell you how quickly they can get their end of the bail process done. They can’t control how quickly the jail will process the release request.

Every jail has its own average processing time. Reputable bail bondsmen will be able to tell you how long the jail typically takes, but they can’t give you an exact time for your release. The jail will release you when they deem it safe and not a minute sooner.

This can feel frustrating, but you can have confidence in the fact that you will get released as soon as possible.

7. What Happens Once I Get Out?

Once you get released from jail, you’re expected to attend all hearings and court dates on-time. Your bail bond service should explain what you need to do to satisfy the terms of your bail.

They should also explain what will happen if you miss your court dates or violate other terms of your release. If you have any questions, make sure you get the answers you need before you sign any paperwork.

Don’t Wait to Get the Help You Need

Covering the full amount of bail on your own can put a serious financial strain on your loved ones.

If the judge awards you or your loved one bail, don’t struggle to come up with the money you need. Work with an experienced bail bonds company and get your release processed as quickly as possible.

Contact us immediately and let our team help. We’re available 24 hours a day and can work with you no matter where you’re located in North Carolina.

Walking out of jail after an arrest is likely one of the best feelings you may ever experience. There’s just something about having your freedom back after losing it, even if you were only locked up for a day.

But after a few weeks go by, you might not even be thinking about your arrest or the charges you are facing. In fact, you might forget completely about the court hearing you were supposed to attend.

Missing a court date lands you in this position with a brand-new charge called “failure to appear.” Approximately 25% of defendants released prior to the completion of their cases end up facing this charge.

If you missed a court hearing after being released on bail, you will face consequences. Skipping court is considered skipping bail, and I’ll explain exactly what will happen to you if you commit this crime.

What Is Bail?

It’s important to understand what bail is before you can realize the full impact of the effects of skipping bail so let’s begin by talking about what bail is.

The U.S. Constitution contains a lot of different amendments that control laws and how laws work and your right to bail is found in the Eighth Amendment.

This amendment gives defendants the legal right to get out of jail through bail as an alternative of staying in jail throughout an entire legal criminal case.

You basically pay bail in exchange for your freedom. You pay it with the understanding that you are agreeing to things.

The main thing you are agreeing to is that you will attend all court hearings related to the specific charges that landed you in jail in the first place.

Bail does not eliminate the charges against you or get you out of the case. It only gives you a way out of jail right now and failing to follow through with your court hearings will land you in a position of further legal problems.

How Do You Pay Bail?

To pay your bail, you have two main options:

1. Come up with the cash yourself and pay the jail
2. Hire a bail bondsman and pay a fee for them to pay your bail

In either case, there are consequences of failing to show up to your court hearings.

Most people will turn to a bail bondsman when the amount is higher than what they can afford. You can learn more about how courts set bail amounts by reading this blog.

What Are the Consequences of Failure to Appear?

Being charged with skipping bail is a very serious charge that you should do everything possible to avoid. If you end up missing a court date though and are already facing this charge, here are the main consequences you may face.

You Lose Your Bail Money

If you paid your bail money with your own funds, don’t expect to get the money back because you won’t. The court will keep your money if you skip bail – no matter how much you paid.

If you don’t skip bail and if you attend all hearings and complete all other requirements, you will get the money back that you paid for your bail, minus any expenses the court charges you in your case.

You Will Owe Your Bail Bondsman the Money Paid for Your Bail

When a bail bondsman is involved in a deal, the bail bondsman is the person who loses the money when a defendant skips bail. So, if you skip bail, you should expect the bail bondsman to charge you the full amount paid for your release.

You would’ve already paid a fee to the bail bondsman when you used the services, and you should understand that you will not get this money back either.

Instead, you’ll be out the fee you paid plus you will owe the full amount of the bail to the agency you used.

You should also be aware that the bail bondsman may send a bounty hunter to look for you after skipping bail.

The Court Will Issue a Warrant

When the court calls your name for your court hearing and you are not present, the court has two options. They may give you a day or a few days to show up to court for the hearing or they will issue a warrant.

If they don’t issue a warrant right away, they will after the time passes if you still don’t show up.

You Will End Up Back in Jail with No Bail Option

A warrant for your arrest means that the police will look for you and will arrest you. If you have a job, they may show up there to arrest you. They will also come to your home and anywhere else they suspect you might be.

When they find you – and they will find you – they will take you right back to jail. The biggest problem you’ll then face is that you’ll be stuck there because courts generally do not offer bail to people who are arrested for skipping bail.

You Will Face New Charges and Your Existing Charges

Skipping bail does not eliminate your prior charges but instead adds a new charge to your case. You would now face the charge of failing to appear and courts take this seriously.

Conclusion

When you’re out on bail, getting charged with failure to appear is not a good thing. We understand that mistakes happen, though.

If you are in the Raleigh, North Carolina area and need any type of help paying your bail or dealing with new charges, contact Amistad Bail Bonds.

We can help you, and we’re available 24 hours a day. Visit our blog for more information or give us a call if you need immediate help.

Around 35,000 people are incarcerated at any given time in North Carolina. And while the reason for incarceration is different for everyone, one thing is true for everyone: if you’re arrested you must either pay your bail or stay in jail until your court date.

Many people opt to pay their bail through either the help of a family member or friend or through the help of a bondsman. And because bail acts as a promise to ensure that you’ll attend all your court dates, you may wonder, “Do you get bail money back?”

The answer depends on a variety of things, namely if you met all of your conditions of bail and how you paid it.

In this blog post, we’ll go over in which circumstances you’ll get your bail money back and those which you won’t.

Read on for more information.

Bail vs. Bond

When trying to find information about bail and bonds, it’s likely you’ve found people using them interchangeably. While they are often written about in close association with one another, they are not, in fact, synonymous.

Bail is the amount of money you pay in order to secure your release from jail. It is set by the court. Depending on the crime and your criminal history, it can be meager, such as $100 or so. If the crime is more serious, it can go up to several million.

It should be noted that in addition to your criminal history being in question when setting bail, so is your financial background. If you are unemployed, a $500 bail may be fiscally impossible and therefore a reasonable amount to set. If you make $500,000 per year, a $500 bail is no big deal, therefore, the courts will more likely set your bail at a higher rate

A bond is the money that a bail bond company posts on the defendant’s behalf to allow them out of jail. In this case, the defendant may pay 10% to 20% of the bail’s total to the bond company.

Do You Get Bail Money Back If You Didn’t Meet All Conditions of Bail?

When you post bail, the court will set out a very clear list of what is expected of you while you’re out on bail. In many circumstances, it is as simple as ensuring that you attend all of your court hearings.

However, if the charge relates to your relationship with certain people, you may be required to maintain no contact with them. Additionally, you may not be allowed to leave the state or you may be required to attend a drug or alcohol program.

If you do not meet all of the requirements set forth by the court, you will forfeit your bail money. This should be explained to you when you do post bail, so you’ll likely be aware of this already.

If You Did Meet All of the Conditions of Bail

For the rest of this article, we’ll discuss what happens if you did meet all of the conditions of bail. Whether or not you get your money returned to you and how much depends on how you paid your bail. If you did not meet all of the conditions of your bail, you will not only not get your money back, but you will face further consequences.

If You or Your Family Member Paid the Bail in Cash Without the Help of a Bondsman

In this case, you will get your money back at the end of the case provided you have complied with everything asked of you. You’ll have to request this separately.

If You Put a Lien on Property for Your Release

In this case, if you complied with everything asked of you, you can get the lien taken off once the case is complete. Again, this is something you request separately.

If You Used a Bondsman

If you used a bondsman, you typically do not receive any money back at the end of a case. This is regardless of if you’re found innocent or guilty.

Say, for example, your bail was set at $5,000. You couldn’t pay, so you went to a bail bondsman for help. You may have paid 20% of the bail, which would be $1,000. The bondsman then takes the money and guarantees to the court system that you will do what is asked of you.

The bondsman’s job is to get you out of jail. The price is relative to your bail amount. So if you paid $1,000 on a $5,000 bail, the job you paid for is done: to get you out of jail.

If You Used a Bondsman and the Arrest Was a Mistake

Sometimes, people get arrested by mistake. Or, they get arrested and wrongfully accused of a crime. It happens, and it is unpleasant for everyone involved.

But, if you were wrongfully charged and you paid a bail bondsman a percentage of your bail to get you out, again, your bail bondsman has done their job. As such, you are not entitled to a refund.

Posting Bail and Refunds

So, do you get bail money back? As we’ve explored throughout this article, it depends on a variety of factors.

It is important to remember that if you do post bail, either via paying the entire thing or through a bail bondsman, you need to comply with all court regulations. “Bail jumping” is viewed as a serious offense and can create even more problems for you down the road.

Does a loved one need help getting out of jail? If so, contact us now, and we’ll discuss how we can help. We’re open 24 hours for your convenience and we speak Spanish.

Hollywood and the media toss around the words ‘bail’ and ‘bond’ almost interchangeably. While the concepts are related, they aren’t the same thing. And your experiences with jail and the pre-trial system will differ based on what you use.

Do you know the difference between bail and bond? Here’s what you need to know if someone you love has been arrested and wants to get out of jail.

What is Bail?

Bail is a part of the justice system in most states. It is the money or actions a defendant must take to get out of jail before their trial. 

Many people think of bail as a punishment, but it’s not meant to be. The motivation behind the money bail system is to prevent people who haven’t been convicted of a crime from spending unnecessary time in jail. It is also a way for the court to attempt to guarantee that if a defendant will return to court and abide by certain rules if they get out of jail. 

The process is not dissimilar to using collateral for a loan: the collateral attempts to guarantee that you’ll pay the loan back.

Bail is often a financial sum of several hundred to up to millions of dollars. The amount set usually depends on:

• The severity of the charges
• Defendant’s history
• Flight risk

The median bail amount in the U.S. is around $10,000. If you post cash bail, and you complete the requirements set by the judge, then you can ask the court to refund the bail after your case concludes. Again, bail is meant to be a guarantee — not a punishment.

If you violate the terms, you lose the bail you posted.

However, there is also a growing trend that sees court systems moving away from cash bail. In August 2018, California passed legislation to get rid of the practice. Many other cities and jurisdictions have also passed some type of bail reform to limit the number of people in pretrial detention and ensuring innocent people’s lives aren’t ruined because they can’t afford bail.

What Happens if You Can’t Post Bail?

Although the median bail amount is $10,000, there are many Americans who find themselves unable to bail themselves out of jail with much lower bail amounts — even $250.

If you can’t afford bail, then you have two options. You can ask your attorney to request that the judge reduces the bail amount. Alternatively, you may be able to seek out a bail bond from a bail bond company.

The Difference Between Bail and Bond

Because the average person doesn’t have $10,000 to give to the court to get out of jail, many Americans rely on the bond system.

A bail bond is a way for the defendant to post bail without providing the full amount to the court.

Defendants get bail bonds from bail bond companies. These companies ask for a nonrefundable premium in exchange for posting full bail for the defendant. The bond company signs a surety bond with the court, which says that the bond company must pay the full bail if the defendant violates the terms of their bail.

Premiums may be as much as 15 percent of the total bond. The bond company may request the premium up-front or through property or via a payment plan.

Because bond companies want their money back, they may have extra stipulations on top of what the judge requires. They may require a defendant to check in with the company on a certain day of the week or consent to monitoring. The company even accompany the defendant to court to ensure they appear.

Additionally, if the defendant fails to pay back their premium, the bond company can also remand them back to jail, even if the defendant didn’t violate the judge’s orders.

Can You Get a Bond Refund?

Perhaps the biggest difference between bail and a bond is that a bond premium isn’t refundable regardless of the circumstances.

If you post cash bail with the court and meet the requirements, you can ask for a full refund minus court fees. If you post a bail bond, then the premium paid to the bond company isn’t refundable to the defendant or their family.

What Happens if a Defendant Skips a Bail Bond?

If a defendant violates the terms of their bail, the judge and the bond company can send them back to jail to await trial.

However, if this happens, the bond company also loses their money. That means the defendant and any co-signers are on the hook for the full bail amount.

Is a Personal Bond the same as Bail Bond?

A personal bond is a type of bail that’s managed by the — not a bail bond company. If a judge assigns you a personal bond, it means that you must comply with the terms or face additional criminal charges on top of your existing charges.

Personal bonds have nothing to do with the cash bond system.

Do You Know the Difference Between Bail vs a Bond?

The cash bail system is still the primary system used across America’s court systems. When a judge grants you bail, then you need to both pay the amount required and follow the rules to leave (and stay out of) jail.

Although the cash bail system should keep innocent people out of jail, many people can’t afford to post the full amount at a moment’s notice. So they use the bail bond system.

The difference between bail and bond is that a bond is posted by a bail bond company in exchange for a premium. If you use a bail bond, your premium isn’t refundable, and you need to follow extra rules set by the bond company.

Was someone you loved arrested but granted bail? Get in touch for a free consultation with a licensed bail agent to help get your loved one out of jail.