Receiving a call that a family member has been arrested is confusing in a manner that cannot be adequately put into words. The majority of individuals have never experienced the bail process and the sense of urgency, the fear, and the use of unfamiliar terms may lead you to perceive that a complicated system is an impossible one.
This guide is here to change that – to explain to you what’s really going on in each step so that you can respond with purpose rather than in a panic.
How Bail Amounts Get Set
Bail isn’t decided randomly, even if it might seem that way. There are two main processes that come together to produce the number you’re faced with.
First is the bail schedule, which is a list that jails use to assign bail amounts to common charges before any court appearance. This allows defendants to arrange for release quickly.
Second, at arraignment, the judge has the discretion to officially set bail. Arraignment is a formal hearing where charges are read. The judge considers flight risk, the severity of the offense, criminal history, and community ties. If the judge believes the defendant is low risk, the amount can be waived; if the judge believes there are real public safety concerns, the amount can increase. Where your loved one falls on that spectrum is determined by the specifics of the situation.
The Booking Process And Why You Have To Wait
This is the step that drives families crazy. You’re poised to do something, but the administrative wheels at the jail have to turn first.
The fingerprinting, photographs, paperwork, and running through criminal databases must be completed before a bail bondsman can legally post the bond. It won’t go through. And a bondsman can’t do this until you’ve been booked in.
Booking can take 2 to 6 hours, sometimes longer, depending on the facility and how busy they are.
After bail has been posted, you must wait for the actual release. It is not uncommon for the release to take 2 – 8 hours because inmates are released from jails in the order in which the bail is posted. Few very large facilities may take even longer. This doesn’t mean you’ve been forgotten or that something has gone wrong. It’s simply a paperwork backlog. If you know in advance this can happen, you won’t panic.
What The Co-Signer Is Actually Agreeing To
Most families opt to use a bail bonds service rather than bring the full amount in cash to the court. Essentially, you pay a non-refundable premium (usually 10% of the total bail amount), and a licensed bondsman puts up the full bail via a surety bond issued to the court.
The person who pays that 10% and agrees to be fully responsible for the defendant showing up in court is called the indemnitor. That’s typically going to be you (i.e: the defendant’s family member), and it’s a lot more than a casual title. If the defendant doesn’t show up to court after you’ve posted bail, the bond will be forfeited to the court and you can be held responsible for the entire amount of bail money. In extreme cases, this can lead to the loss of your home or other property if used as collateral to secure the bond.
Not all bonds require collateral (above and beyond the property value guarantees issued for the surety bond). However, if the defendant is considered a flight risk and you have to put up property, do so with the expectation that it could be forfeited.
What Information You Need Ready
Having the right info at your fingertips when you make that call is important, and some of this will depend on what the arrested person was able to share with loved ones before they were taken into custody. You’ll need their full legal name and date of birth, of course, the facility or jail where they’re being held, their booking number, and the charges. The booking number is especially important – it allows the bail bondsman to quickly reference the exact case and get the paperwork started immediately.
Professional services like Balboa Bail Bonds can help families work through the paperwork and coordinate with the facility during those first critical hours, which matters when every hour of delay has real costs. The first 24 hours represent the best shot at a fast release on bail – errors or omissions in the paperwork can easily eat up that window.
Understanding Exoneration And What Comes After
The bond isn’t over once your loved one is out. It’s in effect until the case is closed – whether your loved one was found not guilty or sentenced or the charges were dropped. When that happens the bond is exonerated. That means the bondsman is no longer financially responsible to the court. The money you paid to the bail bond agent is gone. You aren’t getting that back, it’s the cost of doing the service. But you should get back whatever collateral you put up to get the bond, assuming it’s fully intact when it is returned.
The co-signer is responsible for the full amount of the bond until the case is finalized. Make sure your loved one clearly understands how important it is for them to appear in court each and every time they’re supposed to. It’s not just their freedom that’s at stake.
