Most people are generally familiar with bail bonds and how they work. However, the process may seem overwhelming and complex if you have a loved one in jail facing a criminal charge.
As the defendant of a family member, you may have many questions. How does the bail bond process work? When does the bail hearing take place? Who sets the bail amount? What happens if I can’t afford bail?
At Apex Bail Bonds, we understand that having a loved one in jail can be stressful. In this post, our experienced team unpacks the process of posting bail with a bail bonds company.
What Is a Bail Bond?
The term “bail” means the pretrial release of a defendant from jail before and during the trial, subject to certain conditions, including posting a bail bond. A bail bond is a written promise by the defendant or their surety that they will pay a specific sum of money as security that the defendant will return for their court appearances.
But what does all this mean? When the police arrest a person, no court has found them guilty of a crime. As a result, it will be unfair to keep a potentially innocent defendant in jail for several months until the court gives a verdict.
As a solution, the courts grant defendants bail, meaning they must post a specific amount of money as collateral before getting out of jail. If the defendant fails to appear for their court hearings, they will lose the bail money they posted.
In some cases, defendants cannot afford to pay a cash bail. When this happens, they can get a bail bonds company, such as Apex Bail Bonds, to post a surety bond in exchange for a non-refundable fee.
The Process of Posting Bail
The process of posting bail depends on various factors, including local laws and the severity of the alleged offense. The sections below outline the typical bail process.
Arrest and Booking
When the police have reasonable grounds (probable cause) to believe that someone committed an offense, they will arrest the suspect and take them to the local police station for booking. The police can also arrest a person under a warrant or if they turn themselves in.
During this booking process, the police will take fingerprints and photographs and check the arrestee’s criminal record. The police will also enter the arrestee’s information into the system and schedule them for a bail hearing before a judicial officer.
Bail Hearing
After arrest, the defendant must appear before a judicial officer, usually a magistrate, for the bail hearing. During this hearing, the judicial officer will ask questions and gather information about the defendant and alleged offense, including:
- The nature of the offense
- Family ties, including the defendant’s marital status and the number of dependents
- Employment status and financial resources
- Conviction and court appearance history
- Parole or probation status
The judicial officer will use this information to determine if the defendant is a flight risk or a danger to society. The defendant will also get an opportunity to ask questions.
Release Conditions
If the magistrate finds the defendant eligible for bail, they will set release conditions. For example, the court may place the defendant in the custody of a specific person, such as an adult family member. The conditions may also restrict the defendant from:
- Traveling out of state
- Making contact with the alleged victim or potential witnesses
- Visiting certain places, such as schools
As part of the release conditions, the court will also indicate the type of bond and amount that the defendant must post to get out of jail:
Surety Bond
A surety bond is a standard bail bond and the one that most defendants consider to get out of jail. The defendant or someone on their behalf pays a bail bonds company, such as Apex Bail Bonds, 10% to 15% of the bail amount. In exchange, the bail bondsman will post a surety bond to the court to guarantee their return to court.
Cash Only Bond
Under a cash bond, the defendant must post the entire amount in cash before they can get out of jail. After posting a cash bond, the court will hold the total amount until the case concludes. If the defendant complies with all release conditions and appears in court during all hearings, the court will return the cash to the defendant, regardless of the verdict.
Unsecured Bond
If the court grants an unsecured bond, the defendant can get out of jail without posting bail. However, the court will set a bond amount the defendant promises to pay if they don’t comply with one or more bail conditions.
Release on Recognizance
When the court grants a release on recognizance, the defendant agrees in writing that they will appear in court for their trial. This type of bond doesn’t involve posting a surety, cash amount, or other type of security.
Posting Bail
Once a defendant posts bail, the court clerk will issue a receipt for cash deposits and get the necessary signatures on the bail form. Then, the defendant is free to leave, meet with their legal team, and prepare for their case.
However, if the defendant fails to appear in court or comply with any other release conditions, the court will issue a warrant for their arrest, and they will forfeit the bail money.
24/7 Bail Bonds – Speak to a Local Bail Bondsman Now
At Apex Bail Bonds, we offer a 24/7 surety bond service to help you get your loved one out of jail as soon as possible. Our compassionate bail bondsmen are also available during weekends and public holidays.
Our bail bond fee is as low as Virginia law allows and the lowest that we know of in North Carolina. Instead of using your savings to post bail, contact us today and let us take care of your loved one’s bail.
