For most people, being arrested – even if they’re innocent of the charges – is a significant source of anxiety, stress, and embarrassment. Compounding that is the fact that so much of what goes on in criminal proceedings is public record, so anyone at all can find out a fair amount about a criminal defendant’s past, their alleged crimes, the evidence against them, and more.
If you’ve been arrested, you may be wondering which details surrounding your arrest and detention may become publicly available. While your bonding agent can’t control what information is released by the police, prosecution, or jail, there are some things you should know about what information regarding your bond is considered to be part of the public record and which isn’t.
This month, we’re looking closely at what information about an arrest becomes publicly available as we answer the question, “Are bail bonds public records?”
Details of Your Arrest Are Public Record
All arrests are public records. If your arrest is made public, the police or sheriff’s department’s arrest report will be the most likely source of official information. The report is automatically released to the public, usually within 24 hours of the arrest.
In many cities, reporters from local news outlets collect an entire day’s arrest records daily, which they then scan to find stories that could be of interest to their audience.
Arrest reports typically contain:
- Name, age, and address of the arrestee
- Name of the arresting officer
- Charges levied at the time of the arrest
- Location, date, and time of the arrest
Most will also contain a narrative, a short statement by the arresting officer explaining the circumstances of the arrest.
Booking Details Are Public Record
Separate from your arrest record is your booking record. The booking record is created when the arresting officer hands you over to the jail staff for booking. It typically contains the same identifying information as the arrest record.
Your booking record will usually appear on the jail’s inmate records website within 24 hours of your booking.
Bail Amounts, Bond Hearing Outcomes, and Bail Payments Are Public Record
Whether your bail is set according to a bail schedule, by a magistrate, or during a bond hearing in Superior Court, the amount of your bail or the outcome of your bond hearing is also a matter of public record.
Anyone can contact the jail where you’re being held and inquire as to your bail amount or other conditions for your pre-trial release.
The name of the person who posted your bail will also become public record, if you post a cash bond or property bond at the jail. It’s not usually posted anywhere that’s easy for the public to see, but anyone inquiring with the clerk of the court or with the jail staff can request the name of the person who posted bail for a defendant.
The Fact That You Used a Bail Bonding Company Is Public Record
Carrying over the last point, if the name of the person who posts a defendant’s bail is a matter of public record, then the name of the bail bonding company you used to help secure your release will also be a matter of public record. Again, this typically isn’t information that’s posted anywhere for the general public to see, but anyone requesting this information will be able to get it.
(Most of) The Details of Your Bond Are Not Public Record
Your interactions with your bail bonding company are strictly business transactions between a private citizen and a privately owned company and – as such – are not a matter of public record. In fact, most bail bonding companies have strict company policies ensuring the privacy of their clients’ bonds.
The amount of collateral you were required to post (if any), any payment plans or financial arrangements you may have worked out, and other details of the bond are kept private.
Interactions With Your Bonding Company Are Not Privileged
When you read the above information, it may lead you to believe that you enjoy the same kind of professional-client privilege that you enjoy with your doctor or lawyer. In this context, “privilege” means that someone cannot be compelled to testify against you in court.
Bonding agents and detainees do not enjoy a privileged relationship. If subpoenaed and questioned in court, a bail bondsman can be compelled to present evidence against you.
Keeping that in mind, it is still essential to be as forthright and honest with your bonding agent as possible. Answer their questions truthfully and completely. If you have any concerns about sharing particular information during a non-privileged conversation, feel free to discuss the matter with your legal counsel and let them guide you.
Arrested in Macon-Bibb County? Don’t Wait in Jail; Call All State Bonding: 478-745-1966
All State Bonding is located in downtown Macon, directly across the street from the Bibb County Jail. We’re available 24/7, and all our bonding decisions are made on-site, so you never have to wait for an answer.