Bail Bond Process & The Court System
When an individual is arrested, generally, they will be taken to a local law enforcement station for booking. During the arrest and booking process, bail will be set, if applicable. After they have been booked, the defendant is typically transferred to the county jail unless they post bail immediately at the local police department.
After The Arrest
The defendant has several options for release. They may be released on a citation, they may be released on their Own Recognizance (meaning their own promise to appear in court), they may post the total amount of bail in cash directly with the jail, in some situations you can post real property directly with the court or a person may be released on a bail bond. This is where we come in.
In order to release someone on bond, we will need an Indemnitor or what is commonly referred to as a co-signor. Depending on the bail amount, we may require one on a small bail and on larger amounts we would require more than one. The amount of signers depends on the income, job and relationship to the defendant. The best thing to do is to call us and we can discuss the amount of signers that you need.
Any person co-signing (Indemnifying) a bail bond is responsible for the defendant to appear in court and is taking responsibility for the amount of the bail should the defendant not appear in court. This is the same with EVERY bail bond company. All bail bond agencies are regulated the Department of Banking/Insurance for each state. Once all the paperwork is completed and the bond premium is paid, the bond can be posted immediately. Depending on the facility and county, release time is from 1 hour to 8 hours. The release of the defendant from custody is entirely dependent on the jail.
In some instances, the court may require what is called a Bail Source or Bail Source Hearing which could delay the release time of the defendant. This varies by county since they each have their own rules governing this procedure. Depending on the degree or seriousness of the offense (usually first and second degree charges), paperwork needs to be submitted showing the source of the bail money prior to posting the bond. This is to show the court that the money has been derived from a “clean” source and the proceeds of a crime are not being used to post a bond. In cases where the charges are more serious and the bail amounts are higher, the courts requires a hearing in which we would have to appear before a judge and prove to the court that the money is derived from a legitimate source. We are experienced in the bail source process and will handle it every step of the way. All we need from you is patience as we go through this process with the court since we are on their timetable. Give us a call and we will let you know if you will need to go through this process.
Once the defendant is released, they will need to report to one of our offices to complete their bond paperwork and interview. This step needs to be completed within 24 hours of release and is mandatory.