Jail, Bail & Bond
During sentencing, or as a result of arrest, you may be sent to jail.
If you were arrested and then released from Jail by posting bail or by being released on your own recognizance, you were issued a date to appear in Court. The date for your appearance is shown on your Jail Release paperwork. You MUST appear in court on your appearance day. The appearance date may not be continued unless the court approves your written motion to continue or the District Attorney’s Office stipulates with you to continue the date. Information regarding motions and stipulations is available on our FAQ page.
After the bail amount is set, you must pay that amount, or sit in jail to await an appearance before the judge. If you have the money to pay the bail, you simply pay and go.
But, sometimes you cannot afford the bail amount. So, 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 $40 a 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 flee, or fail to appear in court. The bond agent may need collateral against the security, and so you might offer a mortgage on a house, or 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, then if the case has been dismissed or you have been found innocent, the money is returned to you or to the friend/family member who posted it on your behalf.
Of course, if you were convicted, the bail money may be used by the court to help satisfy fines and/or restitution.