Posting Bail: What You Need to Know
Posting bail is the process of securing a defendant’s release from jail while they await trial or further court proceedings. It serves as a financial guarantee that the defendant will return to court for all required hearings. When someone is arrested, they are typically held in jail until their bail hearing, where a judge determines whether they are eligible for release and what the bail amount will be. If bail is granted, the defendant or someone on their behalf must post bail to secure their release.
Bail Hearing and Bail Amount
If the defendant or their family cannot afford the full cash bail, they can work with a bail bondsman. A bail bond is essentially a loan where the defendant pays the bondsman a non-refundable fee (typically 10% of the total bail amount). The bondsman then posts the full bail amount on behalf of the defendant. This is a popular option for those who cannot afford to pay cash bail upfront.
While the 10% fee paid to the bondsman is not refundable, the benefit is that the defendant is able to secure their release without having to come up with the full bail amount. However, the bondsman may require collateral to secure the loan, such as property, assets, or a co-signer, to ensure that the full bail will be paid if the defendant fails to appear in court.
