Criminal Law Info Center

Wouldn't longer sentences mean less overall crime? Is there a way to punish a criminal before he actually commits the crime he is planning? Are all illegal drugs treated equally when it comes to punishing drug dealers? Can a person be guilty of drunk driving if he only had one drink? What is the role of the federal government in criminal law? Are grand jury proceedings secret? Are there special crimes to control children's behavior? What is the difference between probation and parole? How does a district attorney decide which criminals to charge?

What does it mean to "post bail?"

What does it mean to "post bail?"

Bail is cash or a cash equivalent that an arrested person gives to a court to ensure that he will appear in court when ordered to do so. If the defendant appears in court at the proper time, the court refunds the bail. But if the defendant doesn't show up, the court keeps the bail and issues a warrant for the defendant's arrest. Bail can take any of the following forms:

• cash or check for the full amount of the bail
• property worth the full amount of the bail
• a bond-that is, a guaranteed payment of the full bail amount, or
• a waiver of payment on the condition that the defendant appear in court at the required time, commonly called "release on one's own recognizance" or simply "O.R."

Who decides how much bail I have to pay?

Judges are responsible for setting bail. Because many people want to get out of jail immediately and, depending on when you are arrested, it can take up to five days to see a judge, most jails have standard bail schedules which specify bail amounts for common crimes. You can get out of jail quickly by paying the amount set forth in the bail schedule.

How do I pay for bail?

There are two ways to pay your bail. You may either pay the full amount of the bail or buy a bail bond. A bail bond is like a check held in reserve: It represents your promise that you will appear in court when you are supposed to. You pay a bond seller to post a bond (a certain sum of money) with the court, and the court keeps the bond in case you don't show up. You can usually buy a bail bond for about 10% of the amount of your bail; this premium is the bond seller's fee for taking the risk that you won't appear in court.

A bail bond may sound like a good deal, but buying a bond may cost you more in the long run. If you pay the full amount of the bail, you'll get that money back (less a small administrative fee) if you make your scheduled court appearances. On the other hand, the 10% premium you pay to a bond seller is nonrefundable. In addition, the bond seller may require "collateral." This means that you (or the person who pays for your bail bond) must give the bond seller a financial interest in some of your valuable property. The bond seller can cash-in this interest if you fail to appear in court.

Nevertheless, if you can't afford your bail and you don't have a friend or relative that can help out, a bond seller may be your only option. You can find one by looking in the Yellow Pages; you're also likely to find bond sellers' offices very close to any jail.Finally, be ready to pay in cash, a money order or a cashier's check. Jails and bond sellers usually do not take credit cards or personal checks for bail.

Copyright 2005 Nolo

DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

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