How to Post Bail

Most people accused of crimes are afforded the right to bail. In fact, it's the law that defendants who are charged with non-capital crimes have the right to be released on bond or personal recognizance, barring any unusual and extemporaneous circumstances. However, not many people actually know how bail works or how to post bail if the need arises.

Instructions

Difficulty: Moderate

Things You’ll Need:

• Cash, property or other collateral
• Attorney (optional)
• Bail agent (optional)

1. Attend the bail hearing with an attorney if you have one. A bail hearing is typically held within 48 hours of a defendant's arrest and allows for a judge to determine the severity of the crime, take into account criminal history and decide whether a defendant is at risk of "jumping" bail. The judge has the right to deny bail if he is concerned that a defendant is an immediate danger to society or is unlikely to reappear for trial.
2. Learn the conditions of bail. When bail is granted, there are often stipulations attached. In addition to staying out of further legal trouble, the defendant may have a curfew to follow, a certain area in which he must reside or a person he must avoid. The conditions will vary depending on the crime and the judge's orders.
3. Hope that the defendant will be cited out or released on his own recognizance. Defendants who have committed minor crimes are often released without bail. They promise to appear before the court on an appointed date and are not required to provide cash or collateral before being released.
4. Find out which type of bail has been granted. There are five types of bail: cash, surety bond, property bond, cite out or own recognizance.
5. Determine where to post bail. Knowing whether the cash or documents need to be brought to the courthouse, the police station or the jail can save time and allow the defendant to be released sooner. It's easiest to let your attorney or bail agent deal with the arrangements, as she's likely done it many times.
6. Be patient, as there are administrative processes at play here and, unlike what you see on television, a defendant isn't always released immediately after you post bail. It may take a few hours before all of the paperwork is completed. However, if you are concerned that the defendant will be in danger while he waits, ask your attorney to expedite the process.

Tips & Warnings

• You will need to ask in what form cash bail will be accepted. Some states, jails and prisons only accept cash or cashier's checks, while others will accept personal checks or credit cards.
• If a surety bond granted, arrange to have it posted by a bail agent. The agent charges a friend or relative up to 10 percent of the bail amount while holding something of value as collateral against the remainder.
• If a property bond bail is granted, get the defendant to provide his property to the court as collateral. It can then be foreclosed upon if the defendant doesn't appear at his court date.