A Step-by-Step Guide to the Bail Bonds Process

If you’ve ever had to deal with being arrested, you know that it’s a scary process. Unfortunately, it’s also a process shrouded with secrecy for many people. This is not intentional on the part of law enforcement; there are just so many moving parts to the system that it can be difficult to find straightforward information on details like the bail bond process.

At Davis, Ermis and Roberts, LLC, we want to make sure our clients know their rights and know what to expect before they find themselves in custody. For the vast majority of cases, a judge will set a bail amount that, once paid, will allow the detainee to return home while they await their day in court. Some clients have the means to pay this amount in cash, but not many. For everyone else, there are bail bonds.

Here is your guide to bail bonds and how to get one when you need it.

The Arrest

It all starts with an arrest. Whatever happens, always be courteous to the officers and do not resist. Failure to comply with the arrest will just add more charges against you. While you are in custody, you have the right to remain silent, and you should exercise it. You should also exercise your right to have a lawyer present during questioning.

After you are processed, or booked, at the jail, you will be given the chance to make a phone call. Use it to either contact a bail bond company or to call a family member who can contact one for you.

The Bail Bond

After booking, you’ll have the opportunity to arrange for your release. If you get a bail bond, you can be released immediately on the promise that you will be present at all future court dates. Bail amounts usually follow set schedules, though judges do have the authority to raise or lower the amount.

When determining your bail, a judge will consider things like your criminal history, the severity of the crime you’re being charged with, and whether or not you’re likely to flee. Once the amount is determined, your bail bondsman will put up the money as a financial guarantee that you will appear in court as scheduled.

The Repayment

Bail bond companies typically charge you 10% of your bail amount and then they put up the rest of the money so that you can get out of jail and go home. Your responsibilities at this point are to (a) appear in court at your next hearing date; and (b) put up enough collateral or cash to cover the rest of the bail amount. If you cannot come up with the payment yourself, the bail bondman might seek out your family members or other acquaintances to help cover it.

The Court Hearing

When you show up to all of your court dates, the bond will be dissolved, and the bondsman will no longer have a claim on your collateral. Whoever posted the collateral will have it returned to them. The 10% fee you paid upfront is kept by the bond company as profit.

If you don’t show up to your court dates, the court will demand full payment of your bail amount. The bail bond company will use your collateral to pay off this amount. You will also become a fugitive and a warrant will be issued for your arrest.

Call Davis, Ermis and Roberts, LLC When You Need an Attorney

If you’ve been charged with a crime, we want to be your voice. We know the law, and we make sure none of your rights are being violated during your criminal case. Our winning defense strategies have saved many people from prison sentences. Call us today to learn more!