How Bail Works
When someone is arrested on a bailable offense and bail is set, the defendant can forfeit his/her right to see a judge within 72 hours of arrest (weekends and holidays excluded) and bail out.
This is done most commonly using one of two methods:
- The defendant or someone other than the defendant will post cash bail at the jail.
- This dollar amount is 100% of the set bail for the defendant’s offense.
- If the set bail is $5000, then $5000 cash will need to be posted.
- When the defendant has fulfilled all of his/her obligations by appearing in court on all matters until the case is resolved the cash posted for his/her release will then be returned to the party who posted it.
- To post a Bail Bond, typically you would need two things, PREMIUM & COLLATERAL.
- Premium is 10% of the set bail, (Bail equals $5000, premium would be $500), and is considered earned once the defendant is released on said bond and at that time is nonrefundable.
- Collateral is something for the Bail Agent to hold until the defendant has finished all required appearances with the court, at which time it would be returned.
- Collateral is usually one of four things, CASH, CARS, REAL ESTATE, and in some cases SIGNATURES of someone who qualifies to be financially responsible to secure the bond.