What You Need To Know About The Bail Process

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By Stephen Daniels

Few things are as startling or, if you've never done it before, as confusing as the request from someone to post bail. Although you'll be tempted to ask for details, ask only what you need to know, such as his location and the amount of the bail; time is of the essence when someone has been arrested and doesn't want to spend time in jail.

Obviously, the first thing to ask is how much money to bring. Most jails have standard amounts that have been set by judges when considering common crimes and this figure is not negotiable. Get full information from the booking officer and ask if the judge has demanded cash. If the answer is "yes", you will need to produce actual money, since personal checks are almost never accepted. There are a few states in which debit or credit cards can be used, but the process involves a third entity and is somewhat complicated, so if cash is required, a quick stop at an ATM is your best bet. Once the cash is turned over to the booking officer, the arrestee will be released to your custody. By doing this, you are taking responsibility for seeing to it that he shows up for trial, after which your money (less some administrative charges) will be returned to you.

On the other hand, if bail is set at an amount beyond your means, you will need the services of a bail bondsman. The booking officer may be able to suggest bail bond companies in your area, or you can simply look in the local phone book for a convenient office. Once there, be prepared to answer a fairly lengthy list of questions and to part with some cash.

Usually, bail bond companies charge a non-refundable fee of at least ten percent. I bail is set at $5,000, for example, you will need $500 in cash to pay the bondsman. The company will inquire about your relationship to the defendant, what you know about his background, employment, living arrangements, and any other personal information you might have. They will obtain a report from the police on the details of the arrest as well. Based on what they learn, they may suspect that the defendant might not show up for trial. If this is the case, they will ask you to put up additional collateral in the form of real or personal property to back the loan in full. This means that you may have to put your house, your car and any other valued property at risk.

Under the circumstances, it's obviously better to take the money from your bank account than from a bail bond company, if you can afford it. Whichever way you go, be aware that the process is going to be costly. Even under a best-case scenario, court cases are expensive and after paying lawyers and court costs, the person you bailed out is probably going to be in debt and you'll be just one of his debtors. So, unless you're in a financial position to shell out a substantial amount of cash for an indefinite period of time, think twice before acceding to a request for bail.

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