Jail Time
If you are arrested, then released from jail by posting bail or by being released on your own recognizance, you will be issued a date to appear in court. The date for your appearance is shown on you jail release paperwork. The court may impose additional conditions for your release such as sobriety, random drug and alcohol testing, or a no contact order. Failure to appear at any court hearing may result in the issuance of a bench warrant for your arrest.
During sentencing, you may be sent to serve jail time. If this occurs, bail may not be posted to be released from custody.
Bail
After the bail amount is set, you must pay that amount, or remain in jail to await an appearance before the judge. If you have the money to pay the bail, you simply pay and are released subject to any court conditions.
Bond Agent
If you cannot afford the bail amount, you may engage the services of a bond agent. A bail bond agent is the generic term for an organization that will put up the security needed for your pre-trial release in exchange for a fee.
The fee is 15% of the total bail. So, if bail is set at $3,000, you will have to pay the bail agent $450 plus a $50 court fee. If you do so, you can leave jail because the bond agent will guarantee the rest of the money to the court in the event that you fail to appear in court.
The bond agent may need collateral against the security, and so you might offer a mortgage on a house, title to a car, or some other valuable item such as jewelry.
After your trial, regardless of your guilt or innocence, the bond agent keeps the $450 as payment for agreeing to be liable for the total amount of your bond to the court.
However, if you have posted cash bail with the court, or a friend or family member has posted cash bail with the court, if the case has been dismissed, or you have been found innocent–the money is returned to the person who posted it on your behalf.
Of course, if you are convicted, the bail money may be used by the court to help satisfy fines, fees and/or restitution.