The Bail Bond Process

What Happens When You Get Arrested?
When is Bail Granted?
Who Sets Bail Amounts?
Who May Accept Bail?

What Happens When You Get Arrested?

When an individual is arrested for a crime, the person is typically taken to a local detention facility for booking prior to incarceration in a lock-up station or county jail. Once arrested and booked, the defendant has several options for release pending the conclusion of his or her case.

The bail system is designed to guarantee the timely appearance of a defendant in court. Bail is also an insurance policy for the State that the defendant will appear to face charges. Furthermore, the legal intent of release on bail is not to relieve the defendant of obligations; it is the retention of control over the defendant to the end that justice might be administered.

When is Bail Granted?

Bail is normally granted when:

• A person is arrested for a bailable offense, prior to appearance before the magistrate or other arraignment.
• A person is arrested for a bailable offense, following formal indictment or charges
• A person is convicted of an offense but is awaiting sentencing (when the sentence is likely to be modest)
• A person convicted of an offense but is making an application for probation.
• A person convicted of an offense is making an appeal (usually only after certification that the person is not a flight risk, faces a modest sentence, is not a threat to the community, and has a good court appearance record).

Note also that most jurisdictions will not grant bail for capital crimes or violent felonies without the defendant first attending a hearing for which the prosecuting attorney is granted time to prepare the state's case.

A defendant charged with a crime punishable by death usually will not be granted Bail if the proof of his guilt is evident or the presumption thereof is great.

Who Sets Bail Amounts?

A judge or magistrate normally sets the bail amount for a particular case according to a county bail schedule (a.k.a. Schedule of Bail for All Bailable Offenses) and the particulars of a case. The bail schedule itself is usually set annually by a majority vote of superior, municipal, and other judges.

In setting or denying bail, the judge or magistrate's first concern is the protection of the public, followed by the seriousness of the offense and previous criminal record. Further, the judge must be convinced that no part of the bail was feloniously obtained.

Who May Accept Bail?

In most jurisdictions, a judge, bail clerk, court clerk, magistrate, or designated jailer can accept bail. Note that this usually does not include the arresting officer.