Bailing Someone Out of Jail: What You Need to Know

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The highest bail amount set in U.S. history was $250 million dollars.

Coming up with bail can be hard for most people. We can’t imagine having to post that kind of money.

If you are bailing someone out of jail, you probably have a few questions about how bail is set and how to post bail.

Keep reading for more information about bail bonds to help you bail yourself or a friend out of jail.

What Is Bail?

When you get arrested, you are presumed innocent until proven guilty. It probably doesn’t feel that way at the time, but the system is designed to give you the benefit of the doubt.

The constitution gives you a right to a speedy trial. Unfortunately, that doesn’t always happen.

The court systems are bogged down and overworked. Posting bail allows you to get out of jail while you wait for your court hearing.

The government wants to uphold your rights, but they also want to make sure you show up to court.

For this reason, bail was created to ensure that defendants are not stuck in jail for excessive amounts of time. It also helps ensure they don’t flee upon their release.

How Does Bail Work?

Bail works by allowing a defendant to provide collateral, in the form of money or property, in exchange for their release from jail.

The court will hold on to the bail for the rest of the case. As long as the defendant shows up to all of their court hearings and follows the conditions of their release, they’ll get their bail back at the resolution of the case.

However, if the defendant doesn’t show up for court or violates the conditions of their release, their bail will be revoked and forfeited, meaning they won’t get it back.

They will also lose the opportunity to post bail again for that case.

How Is Bail Set?

The U.S Consitution dictates that bail should be set based on the goal of ensuring the defendant comes to court. The bail amount needs to be high enough to ensure they show up, but it can’t be excessively high.

Many courts rely on bail schedules. These are lists of bail amounts based on the crimes committed.

Less serious crimes like misdemeanors have lower bail amounts. More serious crimes like murder have higher bail amounts.

When you are arrested in a jurisdiction that uses a bail schedule, you’ll probably need to pay the amount listed on the schedule if you want to get out of jail quickly. Waiting to see a judge can take a while.

Posting Bail

After bail is set, you have to get it posted.

There are three ways to post bail. You can pay the bail amount to the court yourself.

You can give the court a security interest in real property.

Or you can have a bail bondsman post your bail. Most people who are arrested don’t have the resources to post their own bail. Fortunately, a bail bondsman can help you get out of jail in a timely manner.