Some courts have weekend or night court that allows people to get arraigned sooner. At the arraignment, the judge will determine the person’s bail. Some offenses have bond amounts already set by law. If the person committed one of these offenses, then you can find out the bail amount ahead of time. Illinois, for example, sets bond amounts according to the charged offense because the state wants to avoid undue delay in freeing someone when the date and time of arrest makes it inconvenient to have the person arraigned. [1] X Research source
If the person hasn’t contacted you, ask the arresting agency where the person is detained.
The person may have no idea how long their wait will be. You can call the arresting agency after getting off the phone with the friend for a time estimate on the expected wait.
Reasons a prosecutor may introduce a bail motion include: The person being a flight risk, which means that the court determines a person is not likely to return for their court date. Employment status, family in the area, and other community ties factor into this determination. The person presents a danger to society, which means that the court determines releasing a person may potentially put others in danger. If the accused represents neither of these factors, then the defending attorney may argue to reduce the bail amount below the standard bail schedule amount. However, one’s personal attorney will likely charge fees to appear and argue on the person’s behalf, which may even exceed the reduced bail amount. If the court tries to set a bail amount that far exceeds the bail schedule for the respective offense, then the defending attorney may also argue to lower the cost based on the accused’s 8th amendment rights, which require that bail not be excessive.
Private bail bonds. Here, you pay 10% of the full amount of the bail. Public bail bonds. Where private bonds are illegal, you pay 10% of the full amount of the bail to the state. In the federal court system and Washington, D. C. , judges have the authority to authorize signature bonds if you cannot afford to pay bail. Signature bond or “own/personal recognizance. " You agree to come to court and if you fail to show, then you must pay a financial penalty. Property bonds. Some states and the federal government allow these bonds, where you insure the bond with real property (such as your home). If the person skips bond, then you would lose your home.
Due to the perceived predatory nature of the practice, many countries have outlawed it completely. Other U. S. states have shown interest in doing so as well. [4] X Research source
Typically these signature bonds will involve showing some sort of deed or title. They might even just be a promise that the signers will cover the bail if the defendant skips their court dates.
If you have the money, it may make more sense to pay the full bond amount than go to the bail bondsman. If you pay the full amount yourself, then you will get back more than you would if you go to a bail bondsman (assuming you make all of your appearances). There are usually a few bail bonds companies surrounding the jail or court in every city. There is usually very little variation in price between bail bondsmen. Bondsmen typically charge 10-15% depending on the type of crime or geographic location. For example, a 10% bond fee on a bail amount of $10,000 will mean that you pay $1,000 to the bondsman that you will not recover. Sometimes there is also a minimum fee amount, which would apply to some smaller bail amounts. If you can afford to put up the amount without the assistance of a bail bondsman, then it’s a far less expensive route to take.
Bondsmen usually have someone on staff at all hours. Call ahead and let them know when you need them. They can also help with local procedures or rules for bailing someone out. If you retain a lawyer, most criminal defense lawyers have bondsmen with whom they are familiar. They can prepare for a bondsman to be present at the arraignment for you. Situations where you can anticipate the necessity of a bail payment without any motions to reduce the amount include felony cases, misdemeanors that involve injury (“aggravated circumstances”), and multiple misdemeanors committed in succession. By simply knowing the charges the accused faces, you may be able to determine if the expected bail amount exceeds what you can afford without a bondsman. If you are the one jailed, then you will need a friend or family member to work with the bondsman. When you get out, you can then contact the bondsman and have the bond reassigned to you.
You can pay bail with cash or a check, and many courts also accept credit cards. You typically only need the name of the accused when you go in to pay bail; however, the specific office may require additional case information, which you can usually find on the website for the appropriate court.
