How do bail works?

gavel from judge

The Bail Bonds Process

Drive around the area of jail on a weekend night, and you probably would think that the bail bonds business is a money-making business. As we already know, bail bonds companies charge a fee when they bond somebody out of jail. They collect that fee from the person that has cosigned on the bond. 

Bail bonds explained this way: When somebody is arrested and put behind bars, they have the right to one phone call. That one call is usually to a family member or friend asking them to find a bail bond agent that will post bail and get them released. When you don’t have a lot of money lying around, a bail bondsman will charge you a fee, usually 10% of the bail, and then they put up the rest of the bail that will get your loved one out of jail. 

A bail bonds agency may ask for collateral and security deposit, in addition to the. To the person that is requesting bail bonds, it may seem like the agency or agent is making a good income. What you don’t realize, their income is that 10%, and for an agency that has several agents on staff, that doesn’t leave them much profit after expenses. 

A bail bonds company signs a bond with the court after taking the risk that the person who they bail out will show up for court. They require that percentage upfront as a security that is proportionate to the reward. They consider the strength of the cosigner’s character and qualifications, and if they look viable, the bail bonds company is likely going to take the accused as a client.

How do you bail someone out of jail without money?

Yes, a person can be released from jail without posting bail with the court or a bail bonds agency. A judge can release a person on their recognizance, referred to in the legal system as an O.R. The judge will review the following factors before making that decision: 

  • Any prior criminal history, including court appearance failures
  • Community standing and ties, including work history and family
  • Possible risk to the public or self 

An established bail bonds company will consider the above factors and the person’s credit standing and may offer bail bonds zero down with some strict requirements in addition to a court appearance. Because bail bonds companies usually are running on a tight budget, this is an exceedingly rare offering, and the person granted bail bonds with zero down will need to hold up to their end of the agreement. 

Can I bail someone out of jail online?

In some states, yes, bail bonds can be done online with a credit card. DocuSign, Email, and fax can do all of the documents that are required to complete a bail bonds transaction. The following information is needed before the online bail bonds transaction can be completed: 

  • Defendant’s full name, date of birth
  • Defendant’s email address, phone number, occupation, place of employment
  • Payers email address, phone number, occupation, place of employment
  • A certain number of references

How long do you stay in jail if you can’t pay bail?

If a defendant cannot make bail, the courts are required to prosecute them within forty-eight hours after their arrest. Holidays, Saturdays, and Sundays to not count in that 48 hours, so depending on the time of arrest, the defendant could be held two to four days until arraignment. The arraignment does not guarantee release without bail bonds being posted. The judge could look at the case, the defendant’s history, and decide to keep them incarcerated until their hearing. 

bond paperwork

Is it better to bail out of jail?

Once you are convicted of a crime and received a jail sentence, you will credit or time served, reducing the number of days you were incarcerated. So, if you expect to be sentenced to jail, you can save the bail bonds money and stay put. 

From the financial aspect, this could make sense for some people. However, in practice, it is usually beneficial to be released before trial for several reasons. Some reasons why getting bailed out is best: 

  • You could be wrong about your possible jail sentencing.  
  • For defendants awaiting trial vs those who are sentenced already, the opportunities and privileges aren’t as available, like gym and library. 
  • Released defendants often make statements to jailers and other inmates that could be used when your case goes to trial. 
  • Released Defendants’ case often goes stale as prosecutors focus more o cases that are behind bars.

Can you sleep all day in jail?

No, you cannot, at any level of incarceration. AdSeg, SuperMax, SHU, or any other level of incarceration; sleeping all day is not an option. There are routines and schedules, meals, outside time, shower, free time are all at the same time every day. Even during sleeping hours, some jails or prisons have required count where inmates are accounted for with roll call. 

If you find yourself in need of bailing a loved one or a friend out of jail, start with an internet search “bail bonds near me.” Call a few of them and get their pricing and other information offered. For fast bail service in Weslaco, TX, call today.