How Do Bail Bonds Work?

When the Arrest Is Made, Pending Trial

Bail bonds are used to get someone out of jail while the individual awaits trial. A preliminary hearing will take place in which he may plead guilty or not guilty. At this hearing, the presiding judge will set the bail amount. A bail bond cannot be paid before the preliminary hearing, because only the judge can set the bail amount.

Once Bail Has Been Set

The bail bond may now be paid to get the individual out of jail. Depending on where you live, you may need to pay the bond to the court clerk or the jail. Some states also allow the use of bail bondsmen, third-party individuals authorized by the court to take bail payments. Often, they can offer you a slightly reduced bail bond rate. Once bail has been paid, the individual will be released from jail until his trial date.

Awaiting the Trial

When the individual is out of jail on the bail bond you paid, he or she is considered to be in your custody. This means you must ensure that he or she reports to the courthouse at the appropriate time for trial, as the bond you paid guarantees his or her appearance. If the individual does not show up, you will lose the amount paid for the bail and a bench warrant will be issued for his or her arrest.

After the Trial

The individual will either be cleared of the charges against him or have to pay fines and possibly serve additional jail time. You will be able to claim the bond money you paid. Some states may deduct certain processing fees from the amount paid, though in these states using a bail bondsman can reduce or eliminate these fees.

Resources

• Listing of Bailbondsmen