How does the Bail process work? What is Bail? Must you always use a bail bondsman? What if someone believes that the money to be used to bail someone out is the product of criminal activity? What is the purpose of bail? Is bail a matter of right? Is the Public Safety considered in the decision to admit a defendant to bail, or to deny Bail? What is considered by the Court in fixing the amount of the bail? Does the bail bond continue forever, can you get it back? What if the defendant is sentenced to probation?

Bail Bond Agencies enable you to have a friend/relative freed from jail without requiring you to personally post the entire bond amount. A Bail Bond Agency will typically collect a specific percentage of the total bail amount (as prescribed by law) from you and guarantees the Court that the defendant will appear to all hearings as required. Bail bond agencies typically collect 10% of the bail amount from you as a "Premium." To have a friend/relative freed from jail, you pay this amount or arrange financing with us We accept cash, checks or credit cards. Once we receive the payment, we can arrange to have your friend/relative freed from jail.

The Bail bond process works as follows:

1. You contact us at Our 24 Hour TOLL FREE number 1-866-339-2575
2. Our Bail Bond Agent will ask you for the following information about your friend/relative who is detained, please have this information ready:

• The person’s full legal name.
• The person's date of birth.
• The county, city and state is the person being held in.
• The booking number.
• The charge.
• The bail amount

Your Agent may also require some basic information about the accused his or her personal history, including where they work/school, previous arrests, and residency information.

We then will contact the jail facility and determine exact bail information and arrange to have your friend/relative released. Your Agent will contact you as soon as arrangements have been completed. Please have patience. Many detention facilities (especially those in large metropolitan areas) are very slow in processing and often have their telephone lines overloaded with calls.

Bail is evidenced by a bond or recognizance, which ordinarily becomes a record of the court. The bond is in the nature of a contract between the state on one side and the defendant and his sureties on the other. The agreement basically is that the state will release the defendant from custody the sureties will undertake that the defendant will appear at a specified time and place to answer the charge made against him. If the defendant fails to appear, the sureties become the absolute debtor of the state for the amount of the bond.

If financing is provided, take time to read and understand the terms the agreement prior to signing.

The defendant, or any other person, may deposit the sum mentioned in the bail order or bail schedule. Cash is accepted, and it is the practice for each court to adopt a written policy permitting acceptance of checks or money orders, upon conditions that tend to assure their validity, in payment of bail deposits. Some courts have a maximum amount over which a personal check will not be accepted. Depending upon the jurisdiction, government bonds may be accepted.

The judge or a magistrate may stay the release of a defendant if a peace officer or prosecutor files a sworn declaration demonstrating probable cause to believe the source of the consideration, etc. was feloniously obtained, or the judge or magistrate has probable cause to believe the source was feloniously obtained. If probably cause exists, the defendant then bears the burden by a preponderance of evidence to prove that no part of the source was so obtained. A defendant who prevails must be released on issuance of a bail bond as specified.

The purpose of bail is to assure the attendance of the defendant, when his or her presence is required in court, whether before or after conviction. Bail is not a means of punishing a defendant, nor should there be a suggestion of revenue to the government.

Although the right to bail has constitutional recognition in the prohibition against excessive bail, bail is not always a matter of right. However, with certain exceptions a defendant charged with a criminal offense shall be released on bail. Persons charged with capital crimes when the facts are evident or the presumption of guilt great, are excepted from the right to release on bail. However, a defendant charged with a capital crime is entitled to a bail hearing in the trial court to determine whether the facts are evident or the presumption great. A crime is a capital offense if the statute makes it potentially punishable by death or life imprisonment, even if the prosecutor / government has agreed not to seek the death penalty. It is presumed that the risk of flight of the defendant is great when he or she is facing death or life in prison without the possibility of parole.

Bail can be denied in certain non-capital cases based upon a finding of substantial likelihood of harm to others. When the facts are evident or the presumption great, bail may be denied in the following instances: In felony cases involving acts of violence, or felony sexual assault offenses on another person, if the court finds on clear and convincing evidence that there is a substantial likelihood that the release of the accused would result in great bodily harm to others. In a felony case, if the court finds on clear and convincing evidence that the accused has threatened another with great bodily harm, and that there is a substantial likelihood that the accused would carry out the threat if released. The requirement of findings based on clear and convincing evidence implies that a hearing will be held on the issue. If there is existence of a substantial likelihood of public harm it would be determined on the basis of the specific circumstances of the case and prior history of the defendant. The decision to grant or deny bail is subject to review on petition by the defendant.

Additionally, if public safety is an issue, the court may make an inquiry where it may consider allegations of injury to the victim, threats to the victim or a witness, the use of a deadly weapon, and the defendant's use or possession of controlled substances. A judge or magistrate setting bail in other than a scheduled or usual amount must state on the record the reasons and address the issue of threats made against a victim or a witness. The court must also consider evidence offered by the detained person regarding ties to the community and ability to post bond. The bail amount set by the court must be the minimum amount of bail that would reasonably assure the defendant's appearance. NOT the Maximum!

When the bail has served its purpose, the surety will be exonerated (i.e., released from the obligation). Exoneration normally occurs when the proceeding is terminated in some way or on the return of the defendant to custody. After conviction, the defendant appears for sentence. If sentenced to imprisonment the defendant is committed to the custody of the sheriff, and the liability of the surety terminates.

A defendant who is convicted and given probation is released from custody, and the bail must be exonerated.