What is the Bail Process?

Bail Sign Indicating Bail Bond Process

How Does the Bail Process Work?

If an individual is arrested for a serious crime, authorities will not release that individual unless the individual can be held accountable for their actions in court. If he or she can verify that they are unlikely to run away, the court may release that person on their own recognizance. Defendants who aren’t released will typically pay bail. Bail is an amount of money that is deposited with the court to establish that the defendant will show up for all court proceedings. If the defendant fails to show up for court, their money is forfeited and a large bail may be set. A bail bond is a promise by the insurance company to pay all the bail if a defendant doesn’t show up. The insurance company, via the bail bond agency, will charge a premium. 

How Long Does it Take to Get Out of Jail After Posting Bail?

After posting bail, it typically takes six to eight hours for the defendant to be released from the authorities. This time is usually spent processing the paperwork for the defendant and the court.

What Happens with the Bail Money?

If you happen to be in a situation where you have bailed out a friend or loved one, it’s important to note that your money may never be returned. For a cash bail, the money should be returned to you after the defendant has arrived for each of their court appearances. If the defendant is found not guilty, then the bond will be discharged. On the other hand, if the defendant pleads guilty, the bond is discharged at the time of sentencing. If the defendant acts irresponsibly and gets arrested while out on bail, then no refund will be given.

How Do You Bail Someone Out?

If you or someone you know has a probation violation, trouble awaits. In fact, it will be important to understand how to bail someone out, should the occasion arise. There are four pathways for a person to be released from custody. The first involves the use of a bondsman. The second way involves posting money for the full amount of the bond. This process will have to be initiated with the court or jail. Real property can be used to bail someone out. Finally, the judge themselves can decide to let the defendant go on their own recognizance.

What are the Different Types of Bail?

There are seven different types of bail. 

  • Citation release. This is considered the best type of bail bond. It means that the defendant will not have to experience getting taken into custody. Citation releases are typically given for minor crimes.
  • Recognizance release. The second easiest bail bond is a recognizance release. It can be given based on the discretion of the policemen who arrest the defendant.
  • Cash bail. This is bail that is paid in cash.
  • Surety bond. If the defendant doesn’t have access to cash, a bail bondsman can offer a surety bond.
  • Property bond. Property bonds can be used in California, but they can’t be used in all states.
  • Federal bail bonds. In cases of federal crimes, federal bail bonds can be enacted. These bonds are done directly with the court.
  • Immigration bail bond. For non-citizens of the United States, this bond applies. 

Bail Bonds Process

The bail process is fairly straightforward. A bail bond is a method of bail payment wherein a bail bond agent pays the bail for a defendant. In this instance, the bail agent acts as a surety for the defendant. The bond agent pays the full amount if the defendant doesn’t come to court.

Bail Process Explained

Once a person is placed under arrest, they are taken into police custody and booked. During processing, the individual releases identifying information have fingerprints taken and has a criminal background check (among other things). Next, the arraignment begins. The defendant is read the formal charges and given an opportunity to arrange for their release. When a written promise to appear in court isn’t enough, the court wants a financial guarantee. The bail proceedings can change from court to court, however, usually, the court has a bail hearing to decide whether bail will be granted.

Bail Process Rules

The judge is responsible for setting bail. While defendants may want to be immediately released from custody, most jails have standard jail schedules. The eighth amendment to the U.S. Constitution requires that the set bail amount not be excessive. 

Bail Bond Process Indicated by Coins and a Gavel.

Bail Process at Work

It is important to note that the bail process with a bail bond agency has a prescribed method for paying the premium for posting the bond. For example, if the court requires $10,000 in bail, the insurance company could charge a ten percent premium or $1,000 to post the bond.

We can help you with your bail bond process. Our staff at You Call Bail Bond Agency are ready to take your phone call at 844-YOU-WALK. Discover more about how we can help you with your bail bond process in Mt. Clemens and Troy, MI.