It is common for people to worry about getting someone out of jail without using a bail bondsman or bail bond company. But getting someone out of jail is possible without putting up a bond. The process is called a “recognizance release” and can often be a better option for those without a criminal record or a limited financial situation.
A bail agent, sometimes known as a bail bond agent or bondsman, can help to facilitate the bail process, from filing paperwork to appearing at hearings. For more information about how to get someone out of jail without bond, call our seasoned Greenville criminal defense attorney, Adam Touma, today for a free consultation!
What is a Bail Bond?
A bail bond is a type of surety bond posted on behalf of an arrested person to secure their release from police custody. When someone is arrested, they can either pay the entire bond amount in cash or contact a bail bondsman to cover the cost of the bond. The bail bond company then pays the whole bond but charges a non-refundable fee, typically a percentage of the bond amount. This can range from 10 to 20 percent, adding up to thousands of dollars for larger bond amounts.
In light of this, approximately 15,000 bail bond agents in the US work hard every year to post bail for more than 2 million Americans. Their efforts mean that those awaiting trial can remain free until their court date, allowing them to keep their jobs, take care of personal responsibilities, and avoid jailing.
It is important to note that the offenses which incur a bail bond are often misdemeanor offenses. However, more serious charges can also require a bond to be released. It is vital to state that if a person is charged with a crime of violence or drug offense, they are often not eligible for release on bail, regardless of the amount of bond posted.
In some cases, a judge may decide to release an arrested person on their recognizance, meaning that they are released from custody without having to post bail money. The judge will usually consider factors such as the defendant’s criminal record, the severity of the crime in question, and any other relevant circumstances. If the person is released on their own recognizance, they are usually required to comply with specific conditions, such as checking in with a probation officer or attending court hearings.
Did You Know? Each year, an estimated half a million people are detained in jails before trial. In total, 731,000 individuals are held in local jails on a daily basis. A large proportion of this population, nearly 476,000 people, is in pretrial detention and has not been convicted of a crime.
When bail is set, the judge will usually consider factors such as the defendant’s financial situation, criminal history, and standing in the community. If the person cannot pay the bail amount, they may contact a criminal defense lawyer or bail bond agent to discuss different payment plans. Bail bond companies often offer flexible payment plans to help make the bail process more affordable.
How Soon Can You Post Bail After Arrest?
In most cases, bail can be posted within a matter of hours after an arrest. Depending on the jurisdiction, bail may also be posted before an arrest, such as when a person is aware of an outstanding warrant. For example, suppose someone knows an arrest warrant for a minor offense such as disorderly conduct; they can post bail before being taken into police custody.
Bail Bond Fees and Terms
When a person posts bail, they typically pay a fee to the bail bonding agency. This fee is usually a percentage of the total bail amount. Additional terms or conditions may be associated with the release. Bail bond agents may also require collateral for bail, such as a lien on property or other assets.
Types of Bail Bonds
Several different types of bail bonds can be posted to secure release from custody. The most common type of bail bond is a cash bond, which requires the full amount of bail to be paid in cash. Other forms of bail bonds include signature, property, and surety bonds.
A signature bond allows a person to be released from custody upon signing a document that binds them to appear in court at the specified time. Property bonds require collateral in the form of real estate, vehicles, or other valuable items. Surety bonds are posted by a bail bond agency and need a non-refundable fee to cover the cost of the entire bond.
How is Bail Determined?
The amount of bail is typically determined by a bail schedule that sets the bond amounts for certain offenses. During a bond hearing the judge may also consider other factors, such as the severity of the crime, the defendant’s criminal record, and any prior convictions. In some cases, a judge may also order additional terms of release, such as drug testing or community service.
How much does it cost to bail someone out of jail?
The cost of bail will vary depending on the type of bond posted and the amount set by the judge. A cash bond, for example, requires the entire amount of bail to be paid in cash. A property bond involves collateral such as real estate or vehicles, and a surety bond requires a non-refundable fee that is typically 10 to 20 percent of the total bail amount. The cost of a bail bond can range from hundreds to thousands of dollars.
Can You Bail Someone Out of Jail Without a Bond?
Yes, getting someone out of jail is possible without posting a bond. This process is called a personal recognizance bond or PR bond. With this type of bond, the defendant is released from custody without providing any money or collateral. However, they must agree to certain conditions, such as appearing at all court hearings and not committing any additional crimes.
Do You Need an Attorney to Get Out of Jail?
Anyone arrested should speak to a criminal defense attorney as soon as possible. An attorney can provide valuable advice on the bail process, the types of bail bonds available, and any additional terms or conditions that may be required. They can also help to negotiate a more favorable outcome for their client.
Posting bail can be a difficult and expensive process, especially for those facing serious criminal charges. Despite the situation, getting someone out of jail without having to post a bond is possible. All is never lost. At Touma Law Group, our experienced criminal defense attorneys can help you understand your options, including recognizance releases and different types of bail bonds. We are here to help you navigate the complex legal system and ensure your rights are protected. Call us today at 864-618-2323 for a free consultation and advice.