An Overview of Posting Bail

Some people will have the unfortunate experience of being arrested. A minor charge could result in you, or a loved one sitting in a jail cell, hoping to make bail. Making bail can be difficult if you are not certain of the process and what bail means.

Bail is a promise to appear before the court for your trial if you are released from jail. You, a family member, friend or employer can post bail. The promise made is guaranteed by money, or collateral such as your home. The right to post bail is by no means guaranteed to you in the United States Constitution. The only requirement in the constitution about making bail is that bail can not be set at such an excessive amount that it is similar to not setting bail. An example a one hundred million dollar bail is considered to be unconstitutional. You will need to talk to a lawyer about what bail rights you have based upon your crime or charges.

If there is no threat of the offender fleeing, some criteria helps to satisfy a judge that you will return for the trial. The criteria usually includes civic and church participation, being gainfully and steadily employed, a lack of a criminal record, and residing at the same address for an extended period of time can satisfy a judge into releasing you of your own recognizances.

However failure to meet these specified criteria will result in the need to post bail. As an example, if your bail is set at $250,000, you will need to pay a designated officer of the court the cash, or sit in jail until the trial, as this could be an unobtainable sum of cash you will need to rely on the service of a bail bondsman. For a fee, of usually between 10 and 20 percent of the sum of the bail and collateral, such as your house, the bail bondsman will provide the bail money. If you skip out on the trial, the bail will be recovered through the sale of your collateral.

After bail has been posted the court sends the jailer a bail ticket or bail receipt and you will receive information on when and where the trial will take place, and you are free to go. When you show up at the trial, all cash and collateral is returned, however should you jump bail, a warrant will be issued for your arrest along with additional and new charges. The collateral and or money will be forfeited by the court.