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“Bail” is a deposit of money that the courts require from criminal defendants to ensure that they keep their court appearances when they release the defendant from jail. Bail amounts vary based on the charges and severity of the crimes and sometimes the courts do not allow bail at all. “Bailing someone out” is when you give money to the court (posting the bail) so that the defendant does not need to remain in jail.
[[Category:Criminal and Penal Law Procedure]]
== Steps==
=== Finding Out the Person’s Booking Status ===
# Get a phone call from the person. The most common way to learn that a friend or loved one has been arrested is by receiving a phone call from the person requesting you to come bail him or her out. It’s important to get key information from the person during this phone call to make the process go as smoothly as possible.
# Find out where the person is being held. Large, metropolitan police departments may have different holding locations, and different agencies (the police department versus the sheriff’s department, for instance) have different holding facilities as well, so the first thing you need to ask the person is where exactly he or she is being detained.
# Find out the person’s booking status. Regardless of why the person has been detained, he or she will have to finish going through the booking process before being eligible to post bail. The booking process requires photographs, fingerprinting, paperwork information that includes the person’s address, etc. Depending on how busy the agency is, someone may have to wait several hours for a turn through the booking procedures.
#* If the person has no idea how long his or her wait may be, then you can call the arresting agency after getting off the phone with the friend, and they will often give you a time estimate on how long you can expect to wait.
# Use the court’s website. If you haven’t received a call from the person, but you know that he or she was arrested regardless—you were present at the time of arrest, for instance—then you can see if the court keeps an online database of the booking process. Many jurisdictions keep real-time information on the status of people being held in jail, so you might be able to search for the person by last name to learn their location and booking status.
# Arrange a ride for the person. Whether the accused is released on their own recognizance or you post bail, the next most helpful thing you can do is arrange a ride for the person. He or she will be released from the holding facility without anything but what they had on them when booked. Especially without cab fare on them, the person will appreciate having a way to get home.
=== Paying Bail ===
# Find out if bail is necessary. In many situations, especially for minor offenders committing first-time offenses, the defending attorney (or public defender) may argue at the arraignment (the person’s first time in front of a judge for the crime, which is when the bail amount is set) to release the defendant under his or her “own recognizance.”<ref>http://ift.tt/1wzYd2E; When a person is released under his or her own recognizance, it means that the court is trusting the person to return for the actual court date without holding a bond amount to ensure the person returns.
# Find out the bail amount. Another reason you have to wait until after the booking process to bail someone out is that the bail amount isn’t set until the person appears in front of a judge at an arraignment. The base bail amount is determined by a “bail schedule,” which outlines recommended bail amounts for each type of criminal offense.<ref>http://ift.tt/1wzYd2E; Starting with the recommended bail, the defending attorney can argue to reduce the bail amount, and the prosecutor can argue to raise the bail amount from the recommended level as well. This is called a “bail motion.”
#* 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.<ref>http://ift.tt/1wzYd2E; 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.<ref>http://ift.tt/1wzYd2E;
#* 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.
# Pay the bond. Once the person is booked and you have a set bail amount, you can finally pay the bail to have the person released. The exact office you pay varies by location, but it is usually an officer for the police or sheriff’s department that made the arrest, or it may also be a clerk at the superior court in the jurisdiction of the appropriate county.<ref>http://ift.tt/1wzYd2E;
#* 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.
# Ensure the person shows up for his or her court date. Bail amounts are essentially insurance policies to make sure that the person returns for their actual court date. Once the person shows up for a court date, the bail amount is returned to you in full.<ref>http://ift.tt/1wzYd2E; Make sure the person whose bail you paid shows up for this court date in order to have your bail amount returned; you will not get the money back otherwise.
=== Using a Bail Bondsman ===
# Check if a bondsman is an option in your state. There is very little variation by state for bail requirements and no difference in bail factors because it is derived from the U.S. Constitution, but there are some slight variations. One of the biggest variations involves whether or not a bail bondsman can legally post a bond in your state.<ref>http://ift.tt/18z4976; Illinois, Kentucky, Oregon, and Wisconsin do not currently allow bail bondsmen.<ref>http://ift.tt/1wzYd2G;
#* Due to the perceived predatory nature of the practice, many countries have outlawed it completely, and other U.S. states have shown interest in doing so.<ref>http://ift.tt/18z46YV;
# Determine if the jurisdiction accepts signature bonds. Often, areas that have banned private bondsmen accept a “signature bond,” wherein a number of people, such as friends and relatives, sign on to verify that they will cover the bail amount without actually turning over funds. They are legally liable for the amount if the accused does not attend court proceedings. In order to verify if the local court accepts signature bonds, call ahead and see what types they accept.
#* Typically these signature bonds will involve showing some sort of deed or title, or they might even just be a promise that the signers will cover the bail if the defendant skips his or her court dates.
# Determine if you need a bail bondsman. In instances where there is a bail amount, especially a high amount, many people do not have the available funds to post a bond. Bail bondsmen make their living by putting up money to fulfill the bail requirement but charge a percentage of the total bail that is not recoverable as their fee.<ref>http://ift.tt/1wzYd2E; Bail bondsmen still operate on the basis of the person meeting his or her court obligations.
#* 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.
# Have the bondsman ready ahead of time. If you know for a fact that you will need to use a bail bondsman to help post the bond, then you can actually contact the bondsman early in order to have the bondsman appear at the arraignment. If the bond is paid directly after the arraignment, it can cut down significantly on the time the person spends in holding.
#* Bondsmen usually have someone on staff at all hours, so simply call ahead and let them know when you need them. They can also help answer any local procedures or rules for bailing someone out. If you retain a lawyer, most criminal defense lawyers have bondsmen with whom they are familiar and 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.<ref>http://ift.tt/1wzYd2E; 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.
# Ensure the person shows up for their court proceedings. As with paying the bond yourself, the agreement with a bail bondsman is dependent upon the person showing up for subsequent court dates. Ensure that the person shows up for all court dates to avoid owing additional funds beyond the agreed percentage of the bond.
== Related wikiHows ==
*[[Post Bail for a Friend|How to Post Bail for a Friend]]
*[[Find a Bail Bondsman|How to Find a Bail Bondsman]]
*[[Find out if Someone Is in Jail|How to Find out if Someone Is in Jail]]
*[[Find out if You Have a Warrant Out for Your Arrest|How to Find out if You Have a Warrant Out for Your Arrest]]
*[[Select a Criminal Defense Attorney|How to Select a Criminal Defense Attorney]]
== Sources and Citations ==
{{reflist}}
__PARTS__
[[Category:Criminal and Penal Law Procedure]]
== Steps==
=== Finding Out the Person’s Booking Status ===
# Get a phone call from the person. The most common way to learn that a friend or loved one has been arrested is by receiving a phone call from the person requesting you to come bail him or her out. It’s important to get key information from the person during this phone call to make the process go as smoothly as possible.
# Find out where the person is being held. Large, metropolitan police departments may have different holding locations, and different agencies (the police department versus the sheriff’s department, for instance) have different holding facilities as well, so the first thing you need to ask the person is where exactly he or she is being detained.
# Find out the person’s booking status. Regardless of why the person has been detained, he or she will have to finish going through the booking process before being eligible to post bail. The booking process requires photographs, fingerprinting, paperwork information that includes the person’s address, etc. Depending on how busy the agency is, someone may have to wait several hours for a turn through the booking procedures.
#* If the person has no idea how long his or her wait may be, then you can call the arresting agency after getting off the phone with the friend, and they will often give you a time estimate on how long you can expect to wait.
# Use the court’s website. If you haven’t received a call from the person, but you know that he or she was arrested regardless—you were present at the time of arrest, for instance—then you can see if the court keeps an online database of the booking process. Many jurisdictions keep real-time information on the status of people being held in jail, so you might be able to search for the person by last name to learn their location and booking status.
# Arrange a ride for the person. Whether the accused is released on their own recognizance or you post bail, the next most helpful thing you can do is arrange a ride for the person. He or she will be released from the holding facility without anything but what they had on them when booked. Especially without cab fare on them, the person will appreciate having a way to get home.
=== Paying Bail ===
# Find out if bail is necessary. In many situations, especially for minor offenders committing first-time offenses, the defending attorney (or public defender) may argue at the arraignment (the person’s first time in front of a judge for the crime, which is when the bail amount is set) to release the defendant under his or her “own recognizance.”<ref>http://ift.tt/1wzYd2E; When a person is released under his or her own recognizance, it means that the court is trusting the person to return for the actual court date without holding a bond amount to ensure the person returns.
# Find out the bail amount. Another reason you have to wait until after the booking process to bail someone out is that the bail amount isn’t set until the person appears in front of a judge at an arraignment. The base bail amount is determined by a “bail schedule,” which outlines recommended bail amounts for each type of criminal offense.<ref>http://ift.tt/1wzYd2E; Starting with the recommended bail, the defending attorney can argue to reduce the bail amount, and the prosecutor can argue to raise the bail amount from the recommended level as well. This is called a “bail motion.”
#* 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.<ref>http://ift.tt/1wzYd2E; 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.<ref>http://ift.tt/1wzYd2E;
#* 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.
# Pay the bond. Once the person is booked and you have a set bail amount, you can finally pay the bail to have the person released. The exact office you pay varies by location, but it is usually an officer for the police or sheriff’s department that made the arrest, or it may also be a clerk at the superior court in the jurisdiction of the appropriate county.<ref>http://ift.tt/1wzYd2E;
#* 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.
# Ensure the person shows up for his or her court date. Bail amounts are essentially insurance policies to make sure that the person returns for their actual court date. Once the person shows up for a court date, the bail amount is returned to you in full.<ref>http://ift.tt/1wzYd2E; Make sure the person whose bail you paid shows up for this court date in order to have your bail amount returned; you will not get the money back otherwise.
=== Using a Bail Bondsman ===
# Check if a bondsman is an option in your state. There is very little variation by state for bail requirements and no difference in bail factors because it is derived from the U.S. Constitution, but there are some slight variations. One of the biggest variations involves whether or not a bail bondsman can legally post a bond in your state.<ref>http://ift.tt/18z4976; Illinois, Kentucky, Oregon, and Wisconsin do not currently allow bail bondsmen.<ref>http://ift.tt/1wzYd2G;
#* Due to the perceived predatory nature of the practice, many countries have outlawed it completely, and other U.S. states have shown interest in doing so.<ref>http://ift.tt/18z46YV;
# Determine if the jurisdiction accepts signature bonds. Often, areas that have banned private bondsmen accept a “signature bond,” wherein a number of people, such as friends and relatives, sign on to verify that they will cover the bail amount without actually turning over funds. They are legally liable for the amount if the accused does not attend court proceedings. In order to verify if the local court accepts signature bonds, call ahead and see what types they accept.
#* Typically these signature bonds will involve showing some sort of deed or title, or they might even just be a promise that the signers will cover the bail if the defendant skips his or her court dates.
# Determine if you need a bail bondsman. In instances where there is a bail amount, especially a high amount, many people do not have the available funds to post a bond. Bail bondsmen make their living by putting up money to fulfill the bail requirement but charge a percentage of the total bail that is not recoverable as their fee.<ref>http://ift.tt/1wzYd2E; Bail bondsmen still operate on the basis of the person meeting his or her court obligations.
#* 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.
# Have the bondsman ready ahead of time. If you know for a fact that you will need to use a bail bondsman to help post the bond, then you can actually contact the bondsman early in order to have the bondsman appear at the arraignment. If the bond is paid directly after the arraignment, it can cut down significantly on the time the person spends in holding.
#* Bondsmen usually have someone on staff at all hours, so simply call ahead and let them know when you need them. They can also help answer any local procedures or rules for bailing someone out. If you retain a lawyer, most criminal defense lawyers have bondsmen with whom they are familiar and 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.<ref>http://ift.tt/1wzYd2E; 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.
# Ensure the person shows up for their court proceedings. As with paying the bond yourself, the agreement with a bail bondsman is dependent upon the person showing up for subsequent court dates. Ensure that the person shows up for all court dates to avoid owing additional funds beyond the agreed percentage of the bond.
== Related wikiHows ==
*[[Post Bail for a Friend|How to Post Bail for a Friend]]
*[[Find a Bail Bondsman|How to Find a Bail Bondsman]]
*[[Find out if Someone Is in Jail|How to Find out if Someone Is in Jail]]
*[[Find out if You Have a Warrant Out for Your Arrest|How to Find out if You Have a Warrant Out for Your Arrest]]
*[[Select a Criminal Defense Attorney|How to Select a Criminal Defense Attorney]]
== Sources and Citations ==
{{reflist}}
__PARTS__
From : wikiHow - Recent Changes [en]
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