Generally, the bail bond process starts with a criminal arrest or a subpoena. Once law enforcement has arrested you, they will transfer you to a local jail, police station, or sheriff’s department for booking. Booking entails the following steps:
- Identity verification
- Fingerprinting
- The taking of mugshots or photographs
- Interrogation
- Property inventory
Booking can take two to five hours, based on the location of the arrest and the facility conducting the process. After booking, the arresting officer will take you to a holding cell. In the meantime, the D.A. will determine whether to press formal charges against you. If they do, you will be subject to an arraignment.
During the arraignment, you will be read your formal charges and asked to take a plea. If you plead guilty or no contest, your case will go straight to sentencing. However, if you plead not guilty, the judge or magistrate will decide whether or not to set bail. If the judge grants bail, they will set the amount, and you must pay this amount to leave jail. Alternatively, the judge may release you on your own recognizance (O.R. release). In this case, you will not pay bail but sign a promise to appear in court as required.
Once the judge or magistrate has set bail, you can call a local bail bond company to request a bail bond. If you can afford the set bail amount, you can post cash bail, which entails posting the total bail amount with the court or jail. Otherwise, an experienced bail bondsman will handle your case if you call a bonds company. They will need certain information from you to start processing the bond. This information includes:
- Your name, phone number, and home address
- Date of birth
- The location of arrest
- The name of the jail facility holding you
- Your supposed crime
- The bail amount required
- Your employment information
Once you have provided this information, the bondsman will prepare a bond contract and application, which you must sign. They will then need you to pay a premium before posting the bond. The premium ranges between 10 and 15% of the total bail amount based on the jurisdiction. This amount is non-refundable as it is the company’s fee for their services of helping you post bail.
Some companies will need you to provide collateral. The purpose of the collateral is to secure the bond so that if you miss court, the bondsman can sell it to recover the bond amount forfeited to the court. Bond companies accept anything of value as collateral. This could be a house, a car, expensive jewelry, or collectibles.
Some bail bond companies will also require you to have a co-signer. This is a person to take responsibility for the bond. They will ensure you attend court as required. If you fail to make court appearances or meet other court conditions and the bond amount is forfeited, the bondsman will pursue the cosigner for payment.
Once you have signed the bond contract and paid the premium, the bondsman will travel to the jail where you are to post the bond. After that, the release process starts. This process can take 30 minutes to a few hours based on the jail facility’s procedures, your case’s complexity, and staff availability.
