How to Make Bail

You've seen it on TV a thousand times--someone runs afoul of the law, gets thrown in the joint, and his lawyer has to bail him out. But what exactly is the purpose of bail, and how do you post it?

Instructions

Difficulty: Moderate

1. Get arrested and charged with a crime. You will be required to post bail before the police will let you go. Bail is set by a judge to guarantee that a defendant will appear when required. The more likely it is that a person is dangerous or a flight risk, the higher the bail will be.
2. Have your lawyer try to convince the judge to release you on your own recognizance before you buy a bond or post bail.
3. Get out of jail the most economical way by posting the full amount of the bail in cash. If you can pay the full bail amount, you don't need to hire a bail bondsman and you save 10 percent of the bail amount. When the case is concluded, all of the cash is returned (minus a small administrative fee).
4. Hire a bail bonds company, or have a friend, lawyer or relative do it for you. Bail agents' phone numbers are almost always posted in the jail, and offices are probably located across the street or near the courthouse. (You can also look under "Bail Bonds" in the Yellow Pages.) A bail bond is a kind of guarantee that you'll appear in court for your trial. You pay 10 percent of your bail to the bondsman, and the bondsman pays 100 percent of your bail to the court. (If bail is set at $100,000 and you need a bond, it'll cost you $10,000.) When you appear in court the bondsman gets his or her 100 percent back and keeps your 10 percent. If you don't show up in court the bondsman loses 90 percent of the bail and sends a goon after you to break your kneecaps. Simple. (See How to Get Health Insurance.)
5. Make sure you deal only with a licensed bail agent. Ask to see his or her license and identification prior to paying for the bond. Also, make sure you are given itemized receipts for all charges, and copies of all signed contracts and agreements.
6. Use your property, stocks, money market accounts and other assets as collateral if you don't have the cash to buy a bond. You can sometimes arrange a payment plan, depending on your credit history.

What to Look For:

• Bail bonds company
• Cash or other assets to buy bond
• Licensed bail agents
• Itemized receipts and copies of contracts
• Collateral or credit payment plan

Tips & Warnings

• Since it can take up to five days to see a judge, most jails have standard bail schedules. These specify bail amounts for common crimes, which allows you to get out of jail as quickly as possible.
• It never hurts to ask the judge at your arraignment to lower your bail, particularly if you have a good reason.
• Jails and bail bond sellers usually do not take credit cards or personal checks.