Arrested? Charged with a Crime? Get Out of Jail
Bail / Bond
"Bail" and "bond" are often used interchangeably, but they're actually different pieces of the same system. Bail is the money or other value that you'll have to post in order to get out of jail until your trial, or until your case is resolved in some other way. The U.S. Constitution prohibits judges from setting "excessive bail". In some areas, courts produce standard bail schedules which are posted at the local jail, so that you can post bond for most common crimes without waiting to appear in court and have bail set.
Get Your Bail Reduced
If you can't raise the amount of bail set, a criminal defense attorney can petition the court to lower your bail or to release you on your own recognizance. In some areas, a criminal defense lawyer can make that argument at arraignment, while in others he'll have to ask for a hearing on the reduction of bail.
When a court sets bail, it may consider things like the charges against you, the potential penalties, your ties to the community, whether or not you have a job, and your history of appearing as scheduled in any other court proceedings. These factors help the court decide how much bail is necessary to ensure that you appear for trial, which is what bail is intended to ensure. A criminal defense attorney in the county where you've been charged can explain which factors carry the most weight in your court system and what kinds of evidence will most help you to get your bail reduced.
In most states, you'll have to post the full amount of the bail (or equivalent property) before you're released. If you can't cover that cost on your own, you may have to work with a bondsman. A bondsman writes a bond that guarantees the bail, so that you don't have to produce the full amount in cash.
Working with a Bondsman
The upside to working with a bondsman is that you can get out of jail with a smaller cash investment-usually about 10% of the bail amount. The advantage for the courts is that the bondsman, who stands to lose the full amount of bail if don't appear in court, has a powerful incentive to make sure that you do. In most states, bondsman can arrest you if you've failed to appear in court.
The downside is that the 10% posted is the bondsman's fee. If you put up the full bail amount in cash, the money is returned to you at the conclusion of the case if you've appeared as required. Some states/counties charge a small administrative fee.
However, when you work with a bondsman, the 10% that you pay up front is the bondsman's compensation for writing your bond and taking the risk. Even if the charges are ultimately dismissed or you're acquitted at trial, you still don't get that money back.
The bondsman will also require a guarantee for the full amount of the bail, so if you fail to appear and the bondsman is required to forfeit the bail, you (or other person who guaranteed the bond) owe him the full amount. In addition, the bondsman can collect from the defendant or his guarantor any costs associated with finding the defendant and bringing him back to court or jail. Depending on the defendant's history and the amount of the bond, the bondsman may require security such as a lien on property to guarantee the bond.
Property Bonds
In some states, courts may sometimes accept a property bond in lieu of cash. For example, this might allow you to post your home as collateral to ensure your appearance. The risk is the same as when such property is used as a guarantee with a bondsman-if you fail to appear, the property can be seized. However, depending upon local procedures and administrative fees, a property bond may be less expensive than working through a bondsman.
OR / Recognizance
It is sometimes possible to be released "on your own recognizance". This simply means that you're released on your promise (usually in writing) to appear for all scheduled court dates. Specifics vary from court to court, but eligibility for release on recognizance generally depends on factors similar to those applied in setting bail:
- the crime in question
- the defendant's criminal history
- the defendant's history of appearing in court as scheduled
- family and/or longtime residence in the community
- employment
Don't Rush to Post Bail
If you've been arrested, your first priority is probably to get out of jail now. Sometimes that's necessary: staying in jail for a day or two might mean losing your job or being without someone to care for your children. In many cases, though, it's just an instinctive reaction, and one that may cost you money unnecessarily.
Often, a criminal defense attorney will be able to get your bail reduced, or even secure a recognizance bond. While the temptation is understandably strong to call a bondsman and get out of jail as quickly as possible, waiting to talk to a criminal lawyer might mean a difference of thousands of dollars.
