If you, or someone you’re close to, have been arrested, your primary consideration is to get out of jail as quickly as possible. You don’t want to spend more time in a prison cell than necessary, which is where bail and bail bonds kick into action.
Bail is a figure set by the courts based on the severity of your alleged crime. Your criminal history also has a bearing on the cost of bail, but the idea is that you pay this figure and get temporarily released from custody. You can head home and prepare for the trial without staying in prison. Most people will look for a bail bond in this situation - but what is a bail bond and what are the benefits and disadvantages of a bail bond?
We’ll help you get a full picture to understand what to do when you’re arrested and whether you should post bail or wait in jail until the trial commences.
Bail Bonds Explained
A bail bond is a surety bond used to help an arrested individual get out of bail. As mentioned above, bail is set by the courts and you can either pay it or remain in custody. Bail bonds are provided by licensed bail bond agencies which effectively means your bail is posted without you needing to pay the full amount.
Instead, you pay a fee for the bail bond service - typically 10% of the total bail amount - and the bail bond agency takes care of the rest. When released on bail, you must adhere to the terms and conditions of your release. This will largely revolve around attending court proceedings and staying within the state limits. If you try to “jump bail” and run out of town, the bail bond agency has the power to send bounty hunters after you and bring you back into custody.
The Benefits Of Bail Bonds
Obtaining a bail bond means you’re entering a legally binding agreement between yourself, the court, and the bail bond company - who act as your surety. This can be very advantageous if you’re ever arrested as bail bonds offer the following benefits:
Easier For You To Afford
The number one advantage of a bail bond is its ability to reduce what you must pay to get out of jail.
For example, imagine bail is set at $10,000. That’s an extortionate amount of money that most individuals can’t afford in one go. Without a bail bond, you’re stuck in a jail cell as you can’t post bail.
If you obtained a bail bond, you’d only need to pay a 10% fee to the bail bondsman, which would be $1,000 in this example. It’s still far from the ideal scenario, but when you’re in a position like this it makes a world of difference. $1,000 is much easier to afford, so you can post bail without doing too much damage to your finances.
Helps You Get Out Of Jail Quickly
Nobody should be content with waiting in jail for their trial. If anything, it’s potentially dangerous to wait in jail as you put your health & safety at risk. Moreover, think about your family and how they’ll deal with this situation. There’s no knowing how long until your trial kicks off - it could be days or possibly weeks. You can’t leave your family alone without you there to look after them.
That’s why a bail bond is so beneficial to the majority of people. It gives you the ability to get out of jail as quickly as possible. Bail bond services run 24/7, so you can call an agent and get them to help you post bail right away. Instead of spending days in prison, you may only spend a few hours.
Multiple Payment Options Are Provided
When the court asks you to post bail, you’re not given any payment options or finance plans. You must pay the sum if you want to be released. Things are different when you get a bail bond.
You’re not posting bail, but the bail bond agency uses a surety bond as a way of saying “This person will behave when released and they will attend all court dates and be on their best behavior.” The court accepts this and you pay the 10% fee to the bail bond company.
Here’s where things get beneficial; most bail bond companies provide a host of bail bond payment options for you to explore. This can include splitting the cost of their service into monthly payments with or without interest. Instead of paying a chunk of money in one go, you can space it out to align with your budget.
In other words, you get the best of both worlds. Bail is posted and you’re released from custody, but your finances don’t take a substantial hit. You can work out a plan that lets you pay your normal bills and avoid falling into debt while paying off the bail bond agency fee.
Can Help You Find Legal Assistance
There’s often a big debate over whether you should pay bail or pay for an attorney when incarcerated. You’re not given a huge amount of time to decide who to call when you’ve been arrested. You must make an executive decision immediately; do you call a lawyer or a bail bondsman?
In most instances, calling a bail bondsman and paying them to post bail will be more beneficial. Why? Because you see the advantages mentioned above already:
- A faster release from jail
- Cost savings
- Better money management
Alongside these things, you also get the benefit of working with someone who can help you find legal assistance. Bail bond agencies will always have close connections to lawyers and attorneys in the local area. They appreciate that people struggle to choose between paying for an attorney or calling a bail bondsman while incarcerated. So, they make your life easier! You call the bail bond company, they help you get out of jail, and then they can direct you to a reliable legal consultant!
The Disadvantages Of Bail Bonds
Generally speaking, bail bonds are excellent when you’re in a jam. Nevertheless, we must appreciate that all things in life come with pros and cons; particularly when we’re talking about prison time and jail. Before you get a bail bond, be aware of the following drawbacks:
The Fee Is Non-Refundable
The 10% fee you pay for a bail bond service is completely non-refundable. This makes a lot of sense and isn’t as unreasonable as it initially seems. After all, it’s how bail bondsmen make money; without the fee, they’d be doing it all for free.
Why is this a disadvantage? In theory, if you post bail yourself, you will receive the money back from the court following the conclusion of your trial. If you attend all the court dates and follow the terms of the agreement after your release, then you’ll get all the money back. Therefore, it can technically cost more overall to pay for a bail bond service.
The clear caveat here is that you must be able to afford bail all by yourself. It might be a huge financial commitment in some circumstances, so even if you get the money back, spending it all in one go could cause a ripple effect meaning you miss bills and end up in debt. This can harm your credit performance while a bail bond is a fast and easy way of getting out of jail without damaging your cash flow.
Lots Of Private Information Is Shared
You will need to share private information with a bail bond agency during the whole process. These companies are designed to be tight-knit and maintain exceptional privacy standards, but there’s no guarantee your information won’t be leaked or shared with other parties.
If you’re trying to keep your arrest under wraps, a bail bond might not be the best idea as it creates a paper trail. Of course, it depends on the bail bond agency you choose; always pick a company with an excellent track record and clear privacy initiatives to protect your personal information.
You May Need To Provide Collateral
Another possible problem with bail bonds is the need for collateral. This is something of value you must put up as security when you obtain the bond. In most cases, it will be your house or possibly another asset - like your car.
Bail bond agencies ask for this in case you break the terms of the agreement. If you skip bail or don’t attend court appearances, the judge may forfeit bail and keep all the money. This means the bail bond agency loses out, so they seize your collateral and use it to pay off what they lost.
In other words, if you’re not careful, you might lose your house. This can be avoided if you adhere to the terms and conditions when released from jail - or, find a bail bond company that doesn’t make you provide collateral.
Need To Watch For Bail Bond Scams
Lastly, there are issues with bail bond scams in some parts of the country. What tends to happen is a person (or people) pretends to be bail bond agencies. From here, they may scam you in one of two ways:
- They act like a bail bond agency and say they can help you get out of jail
- They call you saying someone you know is in jeopardy and can you help them out
In either case, the aim is to take your money without providing a service. Bail bond scams can be frighteningly common, though they’re easy to spot if you know what to look for. The most critical thing is to ask the “agency” for their registration number. All bail bondsmen must be licensed and registered within the state they’re acting. It won’t be hard to find the registry online and type in their number or the name of their company. You’ll instantly spot a fraud - though the chances are they won’t give you a number as they don’t have one.
Should I Post Bail Or Wait In Jail?
After reviewing the pros and cons of bail bonds, you’re likely asking yourself this question. The answer is simple: you absolutely should post bail and get out of jail as quickly as possible. There’s no knowing how long you might be behind bars, and this can have a devastating impact on your mental health. Not to mention the negative impact it can have on your family and friends without you around.
Plus, if you believe you’re not guilty of the crime you’ve been accused of, then you shouldn’t have to spend any time in jail at all. Posting bail gives you a sense of relief and provides some breathing room for you to prepare while your trial dates get sorted. You can go home, gather evidence with a lawyer, and be ready to put the best case forward. The chances of winning your case are dramatically improved when you’re out of jail compared to when you wait inside.
Is It Better To Post Bail Myself Or Use A Bail Bond?
The real question should be whether it’s better to post bail yourself or through bail bonds. As you’ve seen from the benefits and disadvantages of a bail bond, the pros outweigh the cons. If your bail is too expensive for you to afford, obtaining a bond will help you out. It releases the financial burden and partnering with a bail bond agency can make it easier to find the best legal assistance too.
Overall, bail bonds have many ups and downs - but the ups outweigh the downs. Most of the outsides can be dealt with if you choose a reliable and trustworthy bail bond agency. They’ll ensure you see all the advantages of bail bonds without many of the concerns - like scams, collateral, and privacy issues. Get a bail bond ASAP and you can be released from prison within a few hours.
