How to Post Bail to Stay out of Jail and Avoid a Criminal Trial

When defendants post bail, they pledge their property to the court to get out of jail while awaiting trial. The property is held on deposit to ensure the defendant shows up for the criminal trial. Follow these steps to learn how to post bail.

Instructions

Difficulty: Moderate

Things You’ll Need:

• Money to cover bail expenses

Bail Yourself out of Jail

1. Know your rights. Under the Sixth Amendment to the U.S. Constitution, you have the right to demand bail. The 14th Amendment outlaws setting bail at excessive levels. Be aware, though, that some serious crimes are "unbailable," meaning that legal provisions prohibit your release from jail on bail.
2. Ask your lawyer to try to secure your release on your own recognizance before you post bail.
3. Learn the amount you have to post to secure your release from jail. You will learn this information at your arraignment, the formal court hearing in which a judge officially applies the charges against you.
4. Pay in cash if at all possible. This will save you bail bond fees. If necessary, you can also use assets such as stocks or real estate to post your bail.
5. Secure the required money from your own savings, or borrow it from a trusted friend or family member. Bail bondsmen will pledge the money on your behalf for a fee, generally 10 percent, against other collateral (such as real property or cars).
6. Stay out of further trouble with the law while you are out on bail.

Avoid a Criminal Trial

7. Understand that you cannot avoid a criminal trial simply by posting bail. Bail only secures your release pending the trial.
8. Ask your lawyer to negotiate a plea bargain with the prosecution after you post bail, if you are guilty of the crime and you face overwhelming evidence against you. This means you enter a guilty or no contest plea, often to lesser charges, in exchange for a guarantee of your punishment.
9. Plead guilty or no contest to the charges against you. The only legal way to avoid a criminal trial is to plead guilty or no contest, or negotiate a plea bargain. If you enter a not guilty plea, a trial date will be set and a jury selected to try you for the crime.
10. Stay aware of your full rights at all times if you face a criminal trial. The American Civil Liberties Union (see the Resources section below) is an excellent place to learn more about your rights and connect with the resources and organizations that protect them.

Tips & Warnings

• All defendants have the right to a speedy trial. The court must return the money or property used to post your bail in full if you do not violate the terms of your release.
• You will forfeit your bail if you fail to appear in court at the appointed date and time. You will also be subject to additional serious charges if you fail to report for legal proceedings pertaining to your case.