The period between arrest and trial is one of the most confusing and financially stressful moments a family can face. Bail and bond decisions happen quickly, the amounts can be overwhelming, and the consequences of getting it wrong are immediate. This section covers how bail is set and what factors judges consider, the difference between cash bail and a surety bond, how bail bondsmen work and what they charge, what happens when bail conditions are violated, and what families can do when bail is set too high to afford. Understanding the bail system is the first step toward getting a loved one home while their case proceeds. The answers here come from real experience navigating the system from both inside and outside the courtroom. Whether your loved one was just arrested or has been waiting weeks for a bail hearing the information in this section will help you understand your options and make informed decisions quickly. See also our sections on Pending Criminal Charges and Sentencing Questions.
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Subject: Bail & bond questions
The honest answer is that the odds are not in his favor based on the situation as it stands. The fact that he has been held for 65 days without being released, despite having no prior record, tells you something important. Courts generally release low-risk first-time offenders on bail or on their own recognizance fairly quickly. The extended pretrial detention suggests the court has concerns about something, most likely that he will not appear for future hearings if released. Whatever...
Read moreSubject: Bail & bond questions
The bail amount itself is set by the magistrate or judge at the initial hearing. That number is fixed by the court and does not change based on which bail bond company you work with. If the bail is set at $50,000, that is the amount, regardless of what any bondsman says.
What a bail bondsman does is provide a surety bond to the court on behalf of the defendant in exchange for a fee, typically 10 percent of the total...
Read moreSubject: Bail & bond questions
No, it is at the bond hearing that a magistrate (a special judge that handles arraignments and setting release bonds) will decide the merits of a bond. What is the prosecution suggesting? They have a lot of influence over the amount that is ultimately set. The bond is specific to the charges, criminal history and whether the magistrate (and prosecution) feels the offender is a treat to the community and will they reappear for the court dates.
Subject: Bail & bond questions
It depends on what the fine is for. If it is a court fine or a restitution the money goes to that department or entity. The prison is not for profit and any money they receive has an obligation to marshal assets for the government when it is owed by someone in their custody. Even the money that the commissary takes in, if there is a "profit" it is rolled into inmate programs and inmate recreation costs.
Subject: Bail & bond questions
A property bond is a bond that posts the value of tangible property, such as real estate, in order to obtain a pre-trial release from jail. In some cases, the value of the property may need to be twice as high as the bail amount in order for a property bond to be accepted. A property bond is not allowed in every state.
A property bond may be obtained from a bail agent. Depending on the law of the particular state,...
Read moreSubject: Bail & bond questions
Bond and transfer are two separate decisions made by different authorities, and they can happen independently of each other or at the same time depending on the circumstances.
Bond is set by a judge or magistrate at the initial appearance and is influenced by the severity of the charges, the defendant's criminal history, flight risk, and community ties. If an active investigation is underway into additional charges, prosecutors can argue that bond should be denied or set at a high amount...
Read moreSubject: Bail & bond questions
He will have to make bail to get a release. Unless your boyfriend can file a motion with the court for a bond reduction, he will likely have to wait until the hearing before a release is granted (if then).
Subject: Bail & bond questions
The failed urine test is a major problem. Bond revocations mean that the offender will have to remain in jail until the disposition of the case. There will be no further bond offerings. The sooner they can get the case heard - the sooner the offender will know what their future holds. The options are that they get released or the imposition of a sentence which will include the time they are currently serving awaiting the results.
Subject: Bail & bond questions
Unfortunately we do not think they will set a bail if previously the prosecution has asked for no bail. When a magistrate says, "no bail" there are a couple of reasons. If they think the inmate is a danger to the public or a flight risk. Unless there is something new discovered in the charges, we think there is not much of a chance there will be a bail amount.
Subject: Bail & bond questions
Usually not. The reason they were give a signature bond the first time was that they trusted the offender would appear. Since they failed to appear, it is unlikely they will get a bond this time unless the charges are very minor and the magistrate does not feel that the offender is a threat to the community.
