Being arrested brings a person’s life to a grinding halt. One of the most pressing things on a person’s mind when they’re arrested is getting out of jail. In very limited circumstances, this is done by the court issuing an order for the person to be released on their own recognizance. When that doesn’t happen, the only way the person can be released is if the court issues bail.
Bail is a cash or property put up to the court as a way to ensure the defendant appears in court. When bail is posted directly to the court, the person is typically eligible for the property or cash to be returned to them if they appear at all hearings through the conclusion of their case.
What happens if a person can’t post bail?
Some defendants can’t post bail on their own, partially because bail amounts can be tens to hundreds of thousands of dollars. In those cases, the defendant may work with a bail bondsman. These are entities that have been approved to post bonds as a way to secure a person’s release.
The defendant has to pay the bondsman, typically 10% of the bail amount. If a person uses a bondsman to get released from jail, they won’t receive the money they put up, even if they appear at all their hearings. The money is kept by the bondsman as payment for their services.
While many bails are set by a preset schedule, there are cases when a defendant will have a bail hearing before a judge. It’s critical that they have someone on their side at every hearing, including bail, so they can ensure their rights are protected through the criminal justice process.