Where is bail posted

The disadvantage is that if the defendant waits to argue for a lower amount, a judge may set lower bail than the schedule. No, sometimes, after considering factors such as the seriousness of the crime, the lack of a criminal record, and the defendant's family relationship and community standing, a judge will permit the defendant to be released without bail referred to as a "release O.

Yes, if the defendant fails to show up for the scheduled trial date or hearing, bail is forfeited and whatever was paid or "posted" will be subject to forfeiture—that is, it will become the property of the court.

There are additional financial costs and risks if you use a bail bond service see below. If you post bail for someone, you might also have to answer questions in court as to the source of the money used to pay bail.

A bail bond service is similar to a loan company. In return for paying a non-refundable fee known as a "premium" and typically ten percent of the bond amount , a bail bond company agrees to pay the full amount of the bond. You will not get the premium back even if the charges against the defendant are dismissed the next day. Like a loan company, the bail bond service company requires that you secure the arrangement with some collateral, such as a car, house, or other property.

Again, if the defendant fails to appear when required, the bail bonds company can go after you for the collateral to repay its payment to the court. Regardless of whether a defendant is released with or without bail, the defendant must abide by certain conditions or be subject to re-arrest. The defendant may be required to submit to certain blood or DNA testing, consent to periodic searches, or meet with a probation officer. In other words, the defendant must give up certain rights in order to obtain freedom.

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Lawyer Directory. Call us at 1 Learn what happens after arrest and booking and how the bail process works. Meet the Editors. Crucial info about trying to get out of custody. How Bail Is Set Judges are responsible for setting bail.

Conditions of Bail Bailed-out suspects commonly must comply with "conditions of release. Options for Paying Bail Bail can take any of the following forms : cash or check for the full amount of the bail property worth the full amount of the bail a bond that is, a guaranteed payment of the full bail amount , or a waiver of payment on the condition that the defendant appear in court at the required time commonly called release on one's "own recognizance".

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Can I change defense lawyers after I've hired one? How long after arrest do I find out what the charges are? See All Common Questions. Related Products More. In order to navigate the legal process from the comfort of your own home and get out of jail after an arrest , you need to understand the bail process.

Understanding the bail process can help you feel more comfortable making and posting bail. After an arrest, the booking process is completed to put someone in jail and establish the bail schedule.

When someone needs to go before a judge for bail to be established, the defendant has to wait for their arraignment or special hearing. The judge will then determine the amount and parameters of your bail and release. Once your bail amount has been established, you can post bail and be released after agreeing to return for any future hearings or legal proceedings.