Dealing with an arrest is a stressful, potentially traumatic experience. If it’s the defendant’s first encounter with the criminal justice system, it’s even more overwhelming. Working through the legal processes that follow an arrest is complicated enough without being compounded by being confined in jail.
A defendant’s first priority after an arrest is to secure a release from jail so they can begin to prepare for trial. If they can’t afford the bail amount set by the judge, they can turn to a bail bondsman to help them get out of jail, continue with their life, and prepare to defend themselves in court.
In this article, we’ll take a deep look into how the bail bond process works from beginning to end.
Following an Arrest
After being arrested by law enforcement, a defendant is booked into jail. They’ll typically be searched, photographed, fingerprinted, and all personal items will be confiscated before they’re secured in jail.
They will be allowed to make a phone call to a person of their choice and will usually call a friend or family member who can help with securing bail; they may also call an approved bonding company directly.
For some offenses, bail may be set according to a “bail schedule.” In these cases, bail will typically be set as soon as booking is completed, and defendants may bond out of jail within a few hours. In other cases, a judge will set bail during the defendant’s first appearance hearing, usually within 48 hours of the arrest.
Bail can be set based on several factors:
- The severity of the offense
- The defendant’s ties to the community
- The defendant’s criminal history
- The defendant’s reputation and character
- How likely the court thinks the defendant is to commit another offense
- How likely the defendant is to make their court appearances
- Whether or not the defendant is a risk to public safety
Each of these factors plays a role in determining the bail amount. Defendants charged with especially severe crimes, who don’t live in or near the jurisdiction where they’re charged, who have a history of criminal activity, or who have a history of skipping court dates can expect to see higher bond amounts. If the crime was especially heinous, or if the defendant is seen as a violent offender or particularly liable to flee the jurisdiction, the judge may deny bail entirely.
Once Bail Is Set
Bail is a way to ensure that defendants show up for their assigned court dates. If the defendant can produce the total amount of bail in cash, they will be released on a cash bond posted at the jail until their trial date. If they attend all their court dates, regardless of the trial’s outcome, they’ll receive all their bail money back after the trial, after providing required documentation to the jail.
If the defendant can’t have a family member or friend produce the full amount, they can contact a bail bondsman to help secure their release.
When a defendant or their family or friend contacts a bail bondsman, the bondsman will review the case details and determine whether they can help.
How Bail Bonds Work
A bail bondsman posts bail on behalf of a particular defendant. In exchange, the defendant or their co-signer pays the bail bondsman a bonding fee of 15% of the total bail amount, plus a fee set by the jail. The bond fee is nonrefundable.
After a bail bondsman has agreed to bail a defendant, the bondsman will require a co-signer, or idemnitor, to come into the bondsman’s office to pay the bonding fees and complete some paperwork. That paperwork includes a contract outlining the requirements and expectations for the defendant and their co-signer.
While contracts may vary in their details, all bail bond contracts will contain these general terms:
- The co-signer agrees to pay the bonding and bail fees; the bondsman agrees to provide the total amount of bail to the court.
- The co-signer guarantees that the defendant will make all their scheduled court appearances.
- If the defendant misses any court dates, the co-signer will be responsible for paying the full bail amount to the bondsman, plus any court costs.
- If the defendant misses court dates and locating them requires the services of a bail enforcement agent, the co-signer will also be responsible for reimbursing any expenses incurred by the bail enforcement agent.
Bail bondsmen accept cash, credit, and debit cards to pay bonding fees. They also require the co-signer to provide their driver’s license or other government ID, payroll information, proof of income, and Social Security number.
Depending on the amount of the bond or if the bondsman considers the defendant a flight risk, they may also require the co-signer to produce property to ensure that the bondsman can recover the full bail amount in case of a missed appearance.
After the Bond Is Signed
Once the co-signer completes the bond contract and pays the fees, the bondsman will start the process of getting the defendant released. Depending on the time of day, current workload in the law enforcement center, and other factors, this process may take a few minutes to several hours. Friends, family members, or other parties need to note that once the bondsman starts the process, the actual time it takes for the defendant to be released is entirely in the hands of the staff at the law enforcement center.
At the time of release, the jail will provide the defendant with court date information.
Once the defendant is released, they are free to go. To keep up their end of the contract with the bonding company, they simply must show up for their scheduled court appearances. Even one missed court date will mean that the co-signer must pay the full bail amount, and a bail enforcement agent may be assigned to locate the defendant and bring them back to jail.
Additionally, a missed court date results in a bench warrant being issued for the defendant. If they have any encounter with law enforcement following their missed date, they will be arrested and returned to the appropriate jurisdiction.
Arrested in Macon-Bibb County? Don’t Wait in Jail; Call All State Bonding: 478-745-1966
All State Bonding is located directly across the street from the Bibb County Jail in downtown Macon. We’re available 24/7, and all our bonding decisions are made on-site, so you never have to wait for an answer.