The Bail Bonding Process: A Step-By-Step Guide
Once a person has been arrested and charged with a crime the wheels of the justice system are set in motion and a number of things will occur. Review the stages of the bail bonding process in the following guide.
Stage One: Arrest and Booking
- The accused is taken into custody and booked.
- Fingerprinting and photographing are completed.
- Personal property is confiscated and held while in custody.
- A criminal record and outstanding warrants check is performed.
- The accused is placed in a holding cell.
- Bail is either set immediately or a hearing is scheduled.
- The person can either pay the bail themselves or contact a bail bonding agent.
For minor offenses, the accused may be released on their own recognizance, agreeing in writing to appear in court. However, the decision depends on factors such as:
- The nature and seriousness of the crime.
- The person’s criminal history.
- Whether the person poses a threat to the community.
- The person’s ties to the community.
Those with deep roots in the community are generally considered less of a flight risk.
Stage Two: Setting Bail
Recognizance is an obligation formally recorded by a court or magistrate requiring a specific act (such as appearing in court), typically with a financial penalty if not fulfilled.
Depending on the seriousness of the crime and other factors, the state may require the accused to post bail to ensure their appearance in court. Bail serves as an insurance policy that the accused will not flee. If they do not appear in court, bail will be revoked, and a warrant will be issued for their arrest.
The bail process varies by jurisdiction, but generally, a hearing is held to determine if bail is appropriate and its amount. The court considers:
- The accused’s physical and mental state
- Financial situation
- Community ties
- History of substance abuse
- Criminal history
If bail is granted, the court may impose restrictions such as travel bans, electronic monitoring, or a curfew, depending on the circumstances.
Stage Three: Contacting a Bail Agent
Once the amount of the bail is set the accused has three options. They can decline bail and wait in jail for their court date, they can pay the full amount themselves or they can contact a loved one or friend to bail them out using the services of an Arapahoe County bondsman.
Few are those who, once granted bail, simply refuse to take advantage of it. And it is perhaps just as rare for a person to post the full bail amount themselves. What happens most of the time is that the accused contacts a loved one who contacts an Arapahoe County bail bonds agent. The Arapahoe County bonding agent then gathers the particulars of the case in order to determine if they should agree to post the bail bond. If they do the loved one of the accused will need to put up a percentage of the total bail amount as a non-refundable fee and the Arapahoe County bail bonds agent will put up the rest.
Co-Signing a Bail Bond Agreement
Co-signing a bail bond involves signing a promissory note that obligates the co-signer to pay the full bail amount if the defendant fails to appear in court. Co-signers may need to show they have sufficient assets or cash to cover the bond if necessary. Acceptable collateral includes homes, cars, jewelry, or other valuables.
If a co-signer begins to doubt the defendant’s reliability, they can contact the bail bondsman to rescind the bond, leading to the defendant’s return to custody. Co-signers may also impose conditions, such as requiring the defendant to enter a treatment program.
Must a Co-Signer Always Offer Collateral?
Collateral is not always required if the co-signer can demonstrate financial capacity to cover the entire bail amount. Bondsmen evaluate each case individually and may forgo collateral if the co-signer is deemed reliable.
Co-signers are financially responsible for the full bail amount and must ensure the defendant attends all court appearances and complies with the terms of their release. If the defendant cannot appear due to legitimate reasons, the co-signer must inform the bail bondsman and the court promptly.
Once bail is set, the accused has three options: stay in jail until the court date, pay the full bail amount, or use a bail bondsman. Most people opt for a bail bonds agent. The agent evaluates the case to decide if they will post bail. If they agree, a loved one of the accused typically pays a non-refundable fee, which is a percentage of the total bail amount. The bondsman covers the remainder.
An indemnitor is a person or entity that agrees to compensate another party for losses, damages, or liabilities they might incur.
The person who signs the bail bond contract with the bonding agent becomes the “indemnitor,” accepting responsibility for the accused. If the accused flees, the bail is forfeited, and the indemnitor must repay the bondsman any lost funds.
Who Can Become a Co-Signer?
Not everyone is eligible to co-sign a bail bond. Criteria for eligibility include:
- Credit history: Poor credit history may disqualify a person as a co-signer due to concerns over their ability to meet financial obligations.
- Work history: A stable work history suggests reliability and financial stability, important for assuming the risk of a bail bond.
- Background and community ties: Foreign nationals and individuals without strong local ties are usually not eligible to co-sign. Bail bond companies prefer co-signers who are well-established in the community.
Considerations Before Cosigning a Bail Bond Contract
It is crucial to consider the risks before signing a bail bond contract, especially for someone you do not know well. Some indemnitors put up collateral, such as their home, to secure the bond. If the person they bail out flees, they could be responsible for the full bond amount and any costs incurred to locate the fugitive, which could be substantial.
The decision to bail someone out should not be taken lightly. It’s recommended to bail out only those with whom there is a strong emotional bond, as they are less likely to flee. If unsure, discussing the situation with a bail bondsman is advisable.
Stage Four: Release From Custody
After the bail is posted, the defendant is released from custody with the understanding that they must adhere to specific conditions. These conditions may include attending all scheduled court appearances, refraining from committing any new crimes, and complying with any restrictions set by the court, such as travel limitations or curfews. The release process can take several hours, depending on the jail’s processing times and the complexity of the case. It is essential for the defendant to follow all bail conditions closely. Failing to do so could result in the revocation of bail, leading to re-arrest and possible forfeiture of any bail money or collateral posted.
Stage Five: Appearing in Court
The bail bond process culminates with the defendant’s required court appearances. The defendant must appear in court on the scheduled dates to address the charges against them. These appearances are critical, as failing to attend could lead to a warrant being issued for the defendant’s arrest and the forfeiture of the posted bail. If the defendant attends all court dates and complies with the conditions set forth, the bail process concludes at the end of the legal proceedings, regardless of the trial’s outcome. It is crucial for both the defendant and the indemnitor to understand the importance of adhering to court schedules and the potential consequences of non-compliance. This step ensures the defendant remains in good standing with the court and avoids additional legal complications.
Conditions That May Affect the Bail Agreement
If additional charges are brought against the accused after release, or if they reoffend, it can affect the original bail agreement. If a person reoffends while out on bail, the judge may revoke bail and remand them into custody, forfeiting any money paid. If there was an error in the bail amount, the court might accept it or adjust it depending on the severity of the offense.
Reasons for Bail Revocation
Bail and Additional Charges
After arrest and release on bail, ongoing investigations may lead to additional charges against the defendant. If this happens, the District Attorney might request a higher bail. The court could agree, requiring the defendant to pay the difference between the original and new bail amounts.
The defense lawyer’s role is to argue against increasing the bail amount. If the court sides with the defense, the bail remains the same; if not, the defendant must pay the additional fee or be remanded to custody.
Process for Paying Additional Bail
Paying additional bail is typically straightforward. If the original bail was $10,000 and the court raises it to $20,000, the defendant needs to pay the increased bond fee. If the bondsman refuses to cover the additional amount or the defendant cannot pay, the original bond may be voided, and the defendant returned to custody.
Affordable Bail Bonds in Denver County
If additional charges increase your bail, it’s crucial to work with the bondsman to arrange the new payment. Bondsmen are generally willing to help as long as you can pay the adjusted fee.
If you need help posting bail for yourself or a loved one, contact Urban Bail Bonds. We’re proud to provide compassionate, reliable assistance in Broomfield County and throughout the state of Colorado.