Frequently Asked Questions About Bail Bonds


On this page you can find answers to frequently asked questions about bail bonds. Click on the questions to see the answers.

After arrest, how long before I get booked, processed and ready for a bondsman to post my bond?

Once you get arrested the jail authorities complete the formalities and paperwork. The time taken for this process varies and depends upon how busy that jail is at the time of your arrest. But the general procedure is similar to all the cases. Like it may take half or one hour in the booking room where the legal paperwork related to the arrest is completed.

The person arrested is then taken to an area called “first pit” where the fingerprints, snapshots, and information of the accused is taken. This whole procedure takes about an hour or so. The arrestee can call his friends or knowns from a pay phone if he wishes to.

After this, he is moved to”pre-trial services“ where he may be detained for another half an hour for a brief interview to decide whether he can be released on his own recognizance or a bail needs to be fixed for his release.

If a bail is required for his release he is taken to the “second pit.” Here he or anyone on his behalf may contact the bail agent. Depending on how long the agent takes to prepare and send the bail bond papers to jail, the release of the arrestee is usually within 2-4 hours after the official posting of the bond.

Can I leave the state while on bond?

The defendant who has signed a bail bond and is out on bail can leave the State if there are no such restrictions laid on him by either the court or the bail bond company. However he may be required to get a prior approval from either the court or the bail company before leaving the State.

Can I leave the state while on bond?

The defendant who has signed a bail bond and is out on bail can leave the State if there are no such restrictions laid on him by either the court or the bail bond company. However he may be required to get a prior approval from either the court or the bail company before leaving the State.

Can the bail agent arrest me and put me back in jail for any reason if they want to?

A bail bondsman can invalidate the bond for some reasons as specified on a form given by the agent called a Disclosure. Some of these reasons are listed below:

  • Information provided in the bail application of the defendant is found to be false.
  • The bail amount is increased by the court which is beyond the policies of the bail company.
  • Damage to the collateral property.
  • A change in the address or phone number or employer of the defendant without informing the bail agent.

Re-arrest of the defendant for another crime while he is released on bail. Minor traffic violation crimes may be excluded in this case.

  • Defendant’s failure to show up in court on the scheduled dates
  • Defendant found guilty by court
  • Request by indemnitor to revoke the bond pertaining to any of the reasons stated above
Can the defendant travel while out on bail?

The defendant who has signed a bail bond and is out on bail can travel if there are no travel restrictions on him laid by either the court or the bail bond company.

Does the bail bond expire? what if the case continues for longer than a year?

A Bail bond does not expire till the time the case is going on in the court even if the case continues for more than a year and there is nothing like annual renewal in case of the bail bonds.

How are bond amounts set?

Some bail amounts have been already set for misdemeanours or minor crimes and felony or major crimes even before the arrest of the accused. Bail bonds are decided based on these preset amounts. However for other cases the accused is required to be presented before a judge and the judge decides a bail amount for his release based on the criteria given below:

  • The seriousness of the charges put up against the accused
  • The evidence in favour and against the accused
  • Likeliness of failure to appear in the court hearings by the defendant
  • The defendant’s previous conduct and crime records
  • The social and financial status of the accused
  • Prosecutor’s recommendations
How bail bonds work for domestic violence?

The bail bonds in case of domestic violence are the same as the bonds for any other crimes. Depending on the violence and injuries inflicted on the complainant the bail amount is set by the judge which can vary from case to case. The bail amount can be as low as $300 or it can be as high as $50,000. The accused can either pay for bail in cash and get released or can get enter into a bail bond through a bail bond company. There are various considerations before hiring a bail bondsman for a domestic violence case as given below: The bail bondsman should be available 24×7 and should be located locally near the jail where the accused is being held for a quick process of posting the bond and getting the accused released.

  • The reviews of the bail agent in handling such cases of domestic violence matter a lot. A bail agent having good customer reviews will definitely ensure a quick release process
  • The type of customer service provided by the bail agent should also be considered. A bail agent should be helpful, optimistic and hardworking but should not be judgemental about his clients.
  • The cost of the bail bonds company also should be considered which should not be too high for the domestic violence cases
  • The main aim of the person accused in a domestic violence case should be to hire a bail agent who can take him/her out of jail as quickly as possible.
How do I find out the charges?

When a person is arrested it is mandatory to present him before the court within 2-3 days of his arrest which is called an “arraignment” or “initial appearance to inform the defendant of the charges against him which may be changed after some initial hearing. He can find out the charges for his arrest in this initial appearance and is asked to enter a plea.

How do I know a good bail company from a bad one?

Some points which help you to differentiate between a good bail company from a bad one:

  • You must consider how old the bail bond company is into the business
  • What are the reviews and ratings of the previous clients of the company
  • Check whether the company has a valid license to run their bail bonds business
  • Check their policies whether they are clear, straightforward and honest
  • Check the 24×7 availability of the agents
  • Agents should be able to answer all your queries patiently and clear all the doubts you have pertaining to the case and the bond
  • Agents should not be avoiding your questions and concerns and be giving you excuses like they are busy or lack of time etc.
  • You should not hire a bail agent who contacts you on his own and offers his services. You must confirm that the bail agent you are hiring has been recommended by your representative

In any case, if you are not satisfied by your bail agent or company you should contact the Department of Insurance and file a formal complaint.

How do I pay for bail?

Bail can be paid through various modes like cash or check for the full amount or can be paid in the form of a property which is worth the full amount of the bail. In both the cases the bail amount is refunded back once the case is dismissed in the court. Bail can also be paid in the form of a bond through a bail agent or bail company where the bail agent or company will post a bond equivalent to the full bail amount and will charge a non-refundable fee of 10% of the total bail amount.

How do immigration bonds work?

The friends or family can hire a bail bond agent for the release of the detained person. 100% collateral is accepted by the bail bond agent (in cash or property) in the case of immigration bonds unlike the ordinary criminal bond in which a bond premium which is 10% of total bail amount is required to be paid. The bail agent in return helps in putting up the bail bond for these illegal immigrants when they are not near an immigration office and also are not aware of how and where to pay for the bail. In short the hired bail agent simplifies the process of posting a bail bond for the detained immigrant.

How does bail work?

Bail is an amount paid to the court for the release of an arrested person on the condition that the person (defendant) will appear before the court for all the hearings as and when asked by the court. If the defendant doesn’t show up this bail amount is forfeited by the court and an arrest warrant may also be issued against the defendant.

How judges set bail amount?

Some bail amounts have been already set for misdemeanors or minor crimes and felony or major crimes even before the arrest of the accused. Bail bonds are decided based on these preset amounts. However, for other cases, the accused is required to be presented before a judge and the judge decides a bail amount for his release based on the criteria given below:

  • The seriousness of the charges put up against the accused
  • The evidence in favor and against the accused
  • Likeliness of failure to appear in the court hearings by the defendant
  • The defendant’s previous conduct and crime records
  • The social and financial status of the accused
  • Prosecutor’s recommendations
How long does it take for a defendant to be release from jail?

It may take between 6 to 8 hours to get the person released after posting the bail bond due to some delay in the procedures of jail formalities followed by the jail in the release process. A BAIL AGENT CANNOT CHANGE THIS PROCEDURE OR DELAY.

How long is a person on bond or how long is the person responsible and accountable to the bail agent?

A person is responsible and accountable to the Bail Agent till the trial of the case is going on in the court.

Once the accused has been acquitted by the court as not guilty the bond becomes null and void and he is no more responsible to the bail agent.

How much does a bail bond cost?

Although the cost of bail bonds is different for different states but usually the bail agents charge a fee of 10% to 15% of the total bail bond. For instance, for a bail bond which is set for $10,000 the bondsman or bail agent may charge you $1,000 or $1,500 to post your bond and this amount is non-refundable.

How much does bail cost?

The bail amount is set by the judge before whom the accused appears.

There are three options available for a person who has been arrested:

  • He can pay the entire bail amount to the court in cash which is refundable after the final court date.
  • He can hire a bail bondsman to put the entire bail amount on his behalf. A bondsman will usually charge him 10 to 15 percent of the amount of the bond as his service charges.
  • He can stay in jail without paying any bail amount until the trial process is over which can extend to more than a year.
How much does it cost for bail bonds?

Although the cost of bail bonds is different for different states but usually the bail agents charge a fee of 10% to 15% of the total bail bond. For instance, for a bail bond which is set for $10,000 the bondsman or bail agent may charge you $1,000 or $1,500 to post your bond.

If I bail out a friend or family member, how can I protect myself if I find out he or she isn’t going to show up for court?

In case you are a co-signer for a bail bond of your friend or family member and you are worried that the defendant is not going to appear before the court at scheduled time and dates, you are legally authorized to have that person arrested back by the bail company at any point of time. You might be charged some extra money for this but the amount will be much less than the full bail amount that you will have to pay to the bail agent in case the defendant doesn’t show up in court hearings and the bond is forfeited by the court.

Is collateral needed to secure a bail bond?

Collateral is not always required to secure a bail bond. Sometimes depending on your social status like whether you own a house, you have a good job and a well settled establishment in the community the bail company may simply require a guarantee signature in the bail bond from you instead of collateral.

Is the bond fee or premium paid to the bail agent refundable after the case is over?

The Bond Fee or Premium Paid to the Bail Agent is NOT REFUNDABLE as it is the service charge imposed by the Bail Agent to post a bond for the total bail amount set by the court on the defendant’s behalf. The bail agent also charges this fee to handle all the paperwork and legal formalities involved in the bailing out of the defendant.

Is the bail bond premium refundable?

No, the bail bond premium is not refundable as it is the fee charged by the bail agent to post the bail bond on your behalf.

Is there a limit to how much bail a judge can require?

No, there is no limit to how much bail a judge can impose. He can set a high bail for the defendants based on the crime they have committed, defendant with a flight risk or who can pose a threat to any individual or society. The highest bail that was set in US in 2009 was against Raj Rajaratnam, head of the Galleon Group. He was charged a whooping bail amount of $100 million for insider trading relating to $20 million along with the movement restriction of 100 miles of court’s jurisdiction and surrender of his passport.

Once bail is posted, how long does it take to be released?

It may take between 6 to 8 hours to get the person released after posting the bail bond due to some delay in the procedures of jail formalities followed by the jail in the release process.

What are immigration bonds and how do they work?

The immigration bonds ensure that the accused immigrant upon his release on a bail bond shows up for the subsequent court hearings whenever he is required. The collateral is returned after the dismissal of the case in the immigration court in a similar way as in the case of a normal trial. Types of immigration bonds are:

Delivery Bond: In this type of bond the arrested immigrant is released to get ready for the court hearing on the condition that they have to appear for the court hearings failing which will lead to the forfeiture of the bond. Eligibility for a delivery bond is a Notice of Custody Conditions and Warrant of Arrest be presented by ICE

Voluntary Departure Bond: Some detained immigrants may be given the choice to leave the US on their own expenses within a time limit. When the detainee leaves the country the bond is refunded back but if he fails to leave the country in the specified time frame the bond is forfeited.

What does it mean if a defendant’s bond is forfeited?

If the defendant does not appear in the court when he is asked to, the bond is forfeited by the court and the judge orders the bail company to find and bring the defendant to the court within 180 days failing which the bail company will have to pay the full amount that was posted in the bail.

What happens if I don’t post bail?

If you do not post a bail due to lack of funds or any other reason you will have to remain in the custody till the entire trial period of the court case. Court may on its discretion release you on “own recognizance” that you would appear in the court when asked to. The deciding factor for a person to be released on “own recognizance” is absence of any previous criminal record or court appearance of the defendant whenever required without fail.

What happens if I miss the court proceedings?

If you miss a court date a bench warrant will be issued against you which is an arrest warrant for failure to appear. You will be arrested and asked by the judge about the reason for missing the court date.

You might also face criminal penalties like jail term and fines for deliberately missing the court date as this action of yours will be considered as contempt of court.

In case the defendant was originally charged for violating some traffic rules and he misses his court dates his driver’s license may be suspended.

If the defendant was initially released on “own recognizance” by the judge and he fails to appear in the court hearings, the judge may decide to set a high bail for the defendant who was released previously without bail.

What if someone skips bail?

If you miss a court date a bench warrant will be issued against you which is an arrest warrant for failure to appear. You will be arrested and asked by the judge about the reason for missing the court date.
You might also face criminal penalties like jail term and fines for deliberately missing the court date as this action of yours will be considered as contempt of court.

In case the defendant was originally charged for violating some traffic rules and he misses his court dates his driver’s license may be suspended.

If the defendant was initially released on “own recognizance” by the judge and he fails to appear in the court hearings, the judge may decide to set a high bail for the defendant who was released previously without bail.

In case anyone you know skips bail and you are involved in some way in this, like you are a co-signer, there are few points to be remembered in such a situation. Do not shelter or help the defendant as he is a fugitive of the law. By helping him you may land yourself in trouble or even jail. The next thing is to immediately contact the bail bonds company and inform them about the whereabouts of the defendant in case you know or any other relevant information you have about the defendant.

What is a bail bond?

It is a surety bond given in writing by the accused himself or by a surety bond company on behalf of the accused to pay an amount fixed by the court as a guarantee that the offender will appear before the court for all the proceedings as per the scheduled date and time.

What is a bounty hunter?

A trained, licensed and/or registered professional usually hired by the bail bond company to capture a person who didn’t show up in court hearings and has fled is called a bounty hunter. If the bounty hunter successfully captures the fugitive and presents him before the court he is rewarded in the form of the “bounty,” which is generally between 10%-20% of the bail amount of the fugitive. Bounty hunting is not allowed in Kentucky, Wisconsin, and Oregon and Illinois. Except for these four states, bounty hunting is valid even if not licensed in all the other states of US.

What is a failure to appear (FTA) arrest?

If you are out on bail you are liable to show up for all the court dates. In case you do not appear for all the court hearings, the judge may issue a bench warrant against you called Failure to Appear arrest warrant or FTA bench warrant. After you are arrested under FTA warrant you have to stay in jail until a court hearing on your FTA. So you will have to face double charges, the charges for which you were out on bail initially and additional FTA charges.

What is an indemnitor or consigner?

A person who guarantees that the defendant will appear for all his court hearings whenever asked to during the trial period is called An Indemnitor or Consigner. A co-signer is responsible to pay the full bail amount to either the court or bail company in case the defendant fails to show up in court whenever required

What is collateral?

Besides paying the 10% of the total bail amount to the bail company as premium which is non-refundable, the company needs a financial assurance which they can encash in case of forfeiture of the bond due to failure of the defendant to appear for the court hearings of the case. This assurance or financial back up received by the bail company from the defendant by the bail company in the form of property or valuable assets is called collateral. This collateral is returned to the defendant when he shows up for all his court hearing dates and when the case is finally dismissed from the court. If the defendant fails to appear in the court hearings and the bond gets forfeited the bail company can get the collateral converted to cash and recover the remaining bail amount from it.

What is the consigners responsibility once bail is posted?

A co-signer is a person who signs a legal agreement along with the court where the defendant is to appear and the bail bond agency that will be posting the bond. His key responsibilities include:

  • To pay the fee fixed by the bail bond agency. (usually 10% or 15% of the full bail amount)
  • To ensure that the defendant arrives in the court for all the hearings whenever asked by the court.
  • To pay other additional charges like if the defendant doesn’t show up in court and bail bond agency pays a fugitive recovery business to find the defendant and return him to jail, in that case such fee may be recovered by the agency from the cosigner or indemnitor.
What rights do immigrants have?

The immigrants also possess rights as mentioned below if they get arrested in the US:

Right to equality before the law: Immigrants have the right to be treated fairly even if they are arrested. The procedure of trial followed for them is same as it is for the normal citizen and if found guilty the quantum of punishment is the same as for the citizens of the country. This means that the police, law or any authority cannot unjustly keep an immigrant in the jail. The proper process of court trial has to be followed and the punishment for the guilty has to be equal even if he is a citizen of some other country.

Right to Defence Against Deportation: Only an immigration judge can order the deportation of an illegal immigrant in the EOIR (Executive Office for Immigration Review) after a fair trial before the immigration judge in the immigration court. Such an immigrant has a full right to hire an immigration attorney to defend his case in the court.

Other rights For Immigrants: Immigrants can file a case for any kind of discrimination against them in an unlawful search by police or any authority without a search warrant. Even the immigrants have the right to hire a bail bondsman in case he lacks sufficient funds for the bail.

What should I know before I contact a bail agent?

The following information would be required before contacting a Bail Agent:

  • Full name of the defendant
  • Name of the jail, city and county where the defendant is kept after the arrest
  • The booking number of the arrested person, which can be obtained from the jail where the defendant is located.
  • The charges against which the person has been arrested
  • Any other relevant information which may be related to the arrest
What’s my first step after my loved one has been arrested?

After you know your loved one has been arrested the first thing you must know is the time and venue of the hearing. You must know what are the charges and in which court the hearing will take place. After you know the court where the hearing of your loved one will take place you can find out the time of the hearing by calling in the pre-trial services office of that court.

When would bail be denied?

Depending on the severity of the crime committed like murder, or matters concerning national security a bail for such crimes is denied automatically. A judge may also deny bail in some other cases. The factors which can lead to denial of a bail for a defendant are mentioned below:

  • Nature of the crime and the frequency or repetition of crimes or arrests
  • If the person is already out from jail on probation or parole
  • If the defendant is likely to not show up for court dates or has missed court dates previously also.
  • If the defendant is a non-US citizen and may leave the country
  • If the defendant is a threat to society, public or even an individual
Where can a bail bond be posted?

A court sets the bail amount, which must be “posted,” or paid to the court in cash or an approved cash substitute, like a money order or cashier’s check. If you are unable to afford to post your own bail, you can hire a bail bond agent (or bail bondsman) to pay your bail in the form of a bond. A bond agent will charge a non-refundable fee, usually 10 to 20 percent of the total bail and agrees to pay the remaining amount to the court if you fail to appear for your court proceedings.