Can You Post Your Own Bail?

Our beautiful criminal justice system can often seem like a complex and unfair playing field, especially when you find yourself at odds with it. One of the more sticky situations in any legal ordeal is the procedure of posting bail and how a bail bond works.

At a core level, bail is a tool designed to ensure the accused criminal defendant appears for all court dates and appearances, by way of having a financial stake in all this, while still enjoying your freedom (for the time being).

Though the facets of bail (whether it be cash, property, or bail bonds) may be daunting, an understanding of these options and their application in the realm of law is important for every citizen. As well, the ability and opportunity to post your own bail is a principle to be familiar with, reinforced by an understanding of possible advantages, risks, and the possible repercussions that could entail.

What is Bail?

Bail is a set financial deposit that the court holds as collateral to ensure the accused person returns for their court date(s) once released from custody. The bail amount is usually set during the defendant’s first court appearance following an arrest.

The primary purpose of bail is not to punish the defendant, but to protect the public and to make sure that the accused person is present for trial or any other court proceedings.

The Role of Bail

Payment of bail allows defendants to live their normal lives — working, caring for family, and preparing their legal defense (you should always seek counsel from a criminal defense attorney) while they await trial.

If they fulfill this obligation by appearing at all required court dates, the bail will be returned to them, minus any administrative fees, after their case. If they fail to appear, however, the court may keep the bail and issue a warrant for their arrest.

(You may also want to check out this post on how Bail Refunds work)

Various Forms of Bail

There are generally three types of bail: cash bail, property bond, and a bail bond.

1. Cash Bail: Cash bail means the defendant must give the court or jail the total amount of the bail in cash. The money will be held by the court until the defendant’s court case finishes. Cash bail is commonly used when the court believes the defendant is a flight risk or when the alleged offense is serious.
2. Property Bond: In a property bond, the defendant or a person offering bond on behalf of the defendant, pledges real property having a value at least equal to the bail amount. If the defendant does not show up for court, the court can foreclose on the property to recover the bail.
3. Bail Bond: A bail bond, also known as surety bond, allows a defendant to be released from custody by paying only a portion of the total bail amount, typically 10 to 15 percent, to a bail bondsman, who puts up the rest and guarantees that the defendant will appear in court. If the defendant doesn’t show up, the bondsman can apprehend them and bring them to court.

Can You Post Your Own Bail?

Yes, it is legally permissible to post your own bail. Not only that, but it’s quite common for defendants to have the opportunity to post their own bail after they have been arrested and have had their initial court appearance. If the bail amount is manageable for the defendant and they can afford bail, they can take responsibility and post their bail personally.

A defendant does not necessarily need a bail bondsman or any other third party to pay. If the defendant has the financial means, they can post their bail directly with the court, which is known as a cash bond.

In such cases, the person accused must pay the entire amount of the posted bail to be released from custody. This can be done by paying the entire amount in cash or by using real property worth an equivalent or greater value. Another option is for the defendant to employ the services of a bail bond company to secure a bail bond for a fee.

***To be noted, there are certain situations where the court will deny bail altogether, as the defendant may be disallowed from posting their own bail if the court deems there to be an increased risk of flight (haul ass and dipping on them), or a significant danger posed to the community (you are a menace or threat)***.

In these cases, the court might prefer a third party (bail bond agent)to post bail, as this could ideally ensure the defendant’s mandatory court appearances.

Due to the unique circumstances surrounding each bail decision and an interpretation of laws that vary state by state, legal counsel is highly recommended to help the defendant fully understand their options and the potential consequences thereof.

The Process of Posting Bail

From a legal perspective, Bail is the financial instrument that permits a defendant to stay free from jail as their legal case progresses through the courts. In most cases, the court sets a monetary amount as bail.

This can be paid by the defendant or another party (bail bondsman) as a form of assurance to ensure the defendant makes all required appearances in court. This process is widely utilized within the U.S. justice system to uphold the principle of “innocent until proven guilty,” while also acting as a guarantee of the defendant’s presence in court when required.

Procedures in Posting Bail

When the court sets the bail amount, the defendant can pay the amount directly to the court clerk or jail after the bail hearing. The person would need to provide identification and other relevant information.

They might need to complete additional paperwork depending on the jurisdiction. If completed correctly, this process typically leads to the release of the defendant from jail. Additionally, certain jurisdictions may offer the option to pay bail via credit cards or through a wire transfer.

Who is Eligible to Post Bail?

All defendants are initially considered for bail based on the principle of presumption of innocence. However, there can be exceptions based on certain factors. These can include the severity of the crime, the potential risk of the defendant fleeing, or their threat to the community.

So, while posting bail is an option for most individuals, the court can deny bail if it deems it necessary in the interest of public safety or to ensure the defendant’s appearance in court.

Conditions Necessary to Post Bail

It’s a defendant’s constitutional right to be offered reasonable bail, but it’s not just about paying a set amount. If bail is granted, a person typically has to agree to specific pre-trial conditions. These can include travel restrictions, check-ins with a probation officer, house arrest, or drug and alcohol abstinence. Violation of these conditions can result in forfeiture of the bail amount, additional charges, and immediate arrest.

Discussing bail involves understanding a multitude of legal procedures and conditions. Though it’s certainly plausible for an individual to post their own bail, it’s always beneficial to seek professional legal advice to better comprehend the process and potential risks. Fulfilling all the conditions set forth by the court is essential to preventing any subsequent legal issues.

The Pros and Cons of Posting Your Own Bail

At its core, bail is a form of collateral; it is an amount of money determined by the court during bail hearings, intended to ensure the defendant’s return to court as scheduled.

If the defendant lacks the financial means to afford bail, they might turn to a private bail bond agency. However, in certain circumstances, individuals may opt to post their bail, depending on a variety of factors.

Posting Your Own Bail: The Process

In a situation where a defendant decides to post their own bail, they pay the full bail amount to the court. If they appear at all their court dates, they get the money back. If not, the court keeps the money.

It’s important to note that paying your own bail essentially involves a lot of risk. If you fail to abide by the terms of bail, your funds could be forfeited.

The problem with posting your own bail

One of the main difficulties with posting your own bail is the financial drain. Often, bail amounts can be significantly high and may require liquidating assets or taking a high-risk loan. It can substantially drain the financial reserves of the accused and put additional stress on their family’s resources.

Another issue to consider is that even if you qualify to post your own bail, the court could still deny the bail request based on the nature of the crime, your criminal history, or if the court perceives that you might be a flight risk.

the Advantages of Posting Your Own Bail

Posting your own bail could have some advantages as well. If successful, you have the opportunity to return to your work, your family, and your life rather quickly while your case is in progress.

You also avoid the fees that a bail bond company would charge. Further, if you make all necessary court appearances, you will be refunded the total sum you’ve posted.

However, you should understand that getting refunded usually takes time, sometimes even weeks to months after your case is over. Furthermore, the court might deduct any fines, costs, or restitution that were part of the judgment from your bail deposit.

(You may also want to read my other article Do you get bail money back? A complete no B.S. guide to bail refunds).

the legal and financial impact

As with any legal matter, there are financial repercussions to consider when posting your own bail. If you fail to meet the conditions of your bail, then the court can issue a warrant for your arrest and you may be held without bail until your trial. Any bail money that was paid could then be forfeited.

Additionally, if you secured the bail money through loans or property liens, (and fail to repay) you potentially face serious financial repercussions such as bankruptcy or foreclosure.

Considering Your Choices: Self-Surety vs. Hiring a Bail Bond company

Understanding both sides of the coin before opting to post your own bail is vital. You might be drawn towards this choice to evade the bail bondsman fees, but one must not turn a blind eye to the potential loss of the whole bail deposit if the scenario goes south.

Conversely, hiring a bail bondsman does involve a fee, but their involvement curtails your financial jeopardy, as they shoulder the risk of losing the full bail amount.

Do your research as it may be very much worth working with bail bond companies.

While deciding, it’s essential to assess your financial capability, consider the associated high risks, and gauge the complications of navigating through the legal system. Seeking advice from a lawyer or legal aid can prove extremely helpful.

Alternatives to Posting Your Own Bail – Working with a Bail Bond Company

A widely adopted alternative to posting your own bail is to engage a bail bond company. These agencies, colloquially known as bail bondsmen, extend a service where they pay the bail on the defendant’s behalf.

For this service, either the defendant or their kin have to foot a fee typically in the range of 10 to 20 percent of the entire bail amount. This fee, also denoted as a premium, is NOT subject to refund and essentially constitutes the payment for the bail bondsman’s services.

The advantage of choosing this path is that it eases the pressure on defendants, who might be unable to pay the full bail amount, to secure their release from jail.

To top it off, select bail bond agencies render financing alternatives and installment plans that aim to make bail more affordable.

However, this choice is not devoid of its shortcomings. The non-refundable premium charged by the bail bond agency implies that even if the defendant is declared innocent, the money disbursed for the bond isn’t refundable. Furthermore, in an event where the defendant doesn’t show up for court when summoned, the individual who signed the bond contract is made accountable for the complete bail amount.

Property Bonds

In some states, property can be used as collateral to post bail. Known as property bonds, this option involves the court placing a lien on the property for the amount of the bail (property bail). If the defendant fails to appear in court, the property may be seized by the court. While it allows for a significant amount of bail to be posted without immediate exchange of cash, it is often a complicated and time-consuming process that can take several weeks or even months.

Surety Bonds

Another alternative is to use a surety bond, which is similar to a bail bond but involves a third party, a surety company, which guarantees the bail bond agent’s obligation to the court. This is often done when the bail amount is too high for a single bondsman or agency to cover.

Bail Reduction Hearing

Lastly, defendants can request the court to reduce the bail amount. Known as a bail reduction hearing, this involves a legal proceeding in which the defendant’s attorney will argue that the bail set is excessively high considering the crime committed.

Considerations for Alternative Solutions

When deciding which alternative solution to use, it is important to consider several factors. These include the financial status of the defendant, the nature of the crime committed, the possible length of time before the court case is resolved, and the reputations of potential bail bond agencies. It is also prudent to consult with a legal professional who can guide you through the system and help you make the most informed decision.

Conclusion

Even with an understanding of all the scenarios involving the bail process, challenges will still arise when trying to post your own bail (know this). It is in these instances that a familiarity with alternative options to bail comes to aid.

The most common of these alternatives is a bail bond company, whose services can significantly minimize the problems and financial strain of the bail process in general. However, as with every decision, some inherent advantages and downsides accompany the choice to employ a bail bond agency. I

When in legal hot water, it is essential to consider all the factors to make an informed decision that serves your best interest, especially when having to contend with one of the most stressful and challenging times you will experience in your life.