HOW TO GET OUT OF JAIL, FAST, AND AT A DISCOUNT

Steven Mueller, Managing Partner

The bail bonds process is a legal mechanism that allows a defendant to be released from jail while awaiting trial, by paying a set amount, known as the “Bail,” as a guarantee they'll return for court dates.

Here is what you need to know:

First, the Arrest and Booking: After an arrest, the defendant is booked at a jail or police station, where personal details and charges are recorded.

Second, the Bail Hearing: A judge sets the bail amount during a hearing, typically within 48 hours of arrest, based on factors like the severity of the crime, flight risk, and criminal history. Bail can be cash, property, or a bond.

Third, the Bail Options:

• Option One: Release on Own Recognizance, commonly known as “OR”: In some cases, the judge may release the defendant without bail, based on low flight risk or minor charges.

• Option Two: Pay Full Bail: The defendant or family pays the entire bail amount in cash to the court, which is refundable, minus any court or administrative fees, if court appearances are met.

• Option Three: Bail Bond: If the full amount is unaffordable, a bail bondsman can be hired. The defendant pays a non-refundable premium, usually about 10 to 15 percent of the bail amount, and the bondsman posts a surety bond to cover the full bail, guaranteeing the defendant's appearance in court. This amount is not returned to you if the arrested party makes all court appearances, and should the arrested party flee, the individuals guaranteeing the bond will be responsible for the full cash amount of the bail bond. More about this in a moment.

How do you Work with a Bail Bondsman:

• First, The defendant or family contacts a licensed bail bondsman. They are easy to find around most jails.

• Second, the defendant or family signs a contract, pays the premium, and sometimes provide collateral, such as property or assets, to secure the bond.

• Third, the bondsman posts the bond with the court, facilitating the defendant’s release, often within hours.

Steve, how can I get a Discount on a Bail Bond Premium?

Some bail bond agencies offer discounts on bail bond premiums, though availability and eligibility vary by state and agency. Here are key points:

• First Common Discounts: Some agencies provide reduced premium rates for specific groups, such as: Military personnel, seniors, or union members, may qualify for lower rates, like 8 percent instead of the standard 10 percent in states like California.

• Second, Attorney client referrals can sometimes secure a reduced premium, such as 7% in certain agencies, provided the bond premium amount is paid in full, meaning no payment plans for the premium.

• Third, First-time offenders or those demonstrating financial hardship may also receive discounts, though this is less common and depends on the agency’s policies.

• Fourth, Low Down Payment Options: In some states, like here in California, agencies offer low down payment plans, such as 1 percent or 2 percent of the bail amount, with the remaining balance paid in installments. These aren’t discounts per se but make the premium more affordable upfront. Qualifications often include good credit, employment verification, or collateral-like property or vehicles.

• Fifth, State Regulations: Premium rates are regulated by state laws, typically capped at 10 to 15 percent of the bail amount, though some states allow lower rates under specific conditions. For example: here in California, the standard premium is 10 percent, but discounts to 7 to 8 percent are possible for qualifying clients.

In states like Florida, premiums are fixed at 10 percent for state bonds with no additional fees allowed except for specific transfer fees.

In some states, like Pennsylvania, may have varying rates of 8 to 10 percent, and agencies might offer better terms if collateral is provided.

• Sixth, Collateral and Financing: Offering collateral, such as real estate or vehicles, can sometimes lead to better terms or lower effective costs, as it reduces the Bail Bond Agency’s risk. Some Bail Bond Agencies also provide financing options or payment plans to spread out the premium cost, which can ease the financial burden.

What are the Release and Obligations:

Once bail is posted, the defendant is released but must attend all court dates. Failure to appear can result in forfeiture of the bail, arrest warrants, and potential loss of collateral for the bondsman.

Court Outcome:

If the defendant complies with court appearances: For a cash bail, the amount is refunded, minus any court and administrative fees, after the case concludes. For a Bail Bond, the premium is non-refundable, but any collateral is returned once the case is resolved and the bond is exonerated.

Consequences of Non-Compliance:

If the defendant skips court, the court may keep the bail, issue a warrant, and the bondsman may hire a bounty hunter to locate the defendant. Collateral may also be seized.

Some final Notes: Bail bond services are regulated by state laws, and not all states allow commercial bail bonds, such as Illinois, Kentucky, Oregon, and Wisconsin have restricted or banned them.

The bail process varies slightly by jurisdiction, so local rules and regulations apply.

Finally, recent reforms in some states aim to reduce reliance on cash bail, favoring risk assessments or non-monetary release conditions.

As part of all Syndicate Subscription Legal Plans, Bail Bonds Advisory Services are available to you 24 hours a day, 7 days a week, 365 days a year. We are knowledgeable of the bail laws in all 50 states, and work with many licensed bail bonds companies throughout the United States that can get you the best bail bonds deal available and get your loved one out of jail in short order, even on weekends or on a holiday.