After getting arrested and charged with a crime, a person will be booked at the police station and required to post bail before the police will let him or her go. Bail is set by a judge to guarantee that a defendant will appear when required. The more likely it is that a person is dangerous or a flight risk, the higher the bail will be.
Being in Police Custody and Booking
After arrest, a criminal suspect is usually taken into police custody and "booked," or "processed." During booking, a police officer typically:
- Takes the criminal suspect's personal information (i.e., name, date of birth, physical characteristics);
- Records information about the suspect’s alleged crime;
- Performs a computer database search of the suspect’s criminal background;
- Fingerprints, photographs (called a “mug shot”), and searches the suspect;
- Confiscates any personal property carried by the suspect and logs it in so that it can be returned to the suspect upon his/her release;
- Allows the suspect to make a phone call;
- Places the suspect in a police station holding cell or local jail.
Getting Out of Jail: Paying Bail
Being released from police custody and being in jail can happen through one of many means, but usually it is because a person posts a bail bond. There are many types of bond situations:
- Minor Offenses: Persons arrested for minor offenses may merely be given a written citation (called a “Cite Out”) and released after signing the citation and promising to appear in court at a later date and time.
- Waiting Period: A suspect may have to wail up to 48 hours for a bail hearing where a judge will determine if the accused is eligible for bail and at what cost. Some jurisdictions have bail schedules which recommend a standard bail amount
- Payment Methods: Cash bail is when accused pays the full amount of bail in cash. Sometimes the court accepts checks or even a credit card.
Bail Bonds
Personal Recognizance Bond - A judge may also choose to release a suspect on his or her own recognizance (a personal recognizance bond), meaning that he or she is responsible for showing up for court at a later date and time and does not have to pay bail. Personal recognizance is usually only allowed when the charge involves a relatively minor, nonviolent crime and if the defendant is not considered a danger to anyone else or a flight risk -- meaning that it's highly unlikely that the person will flee and not appear for his or her court date.
Surety Bond - Also called a bail bond or a criminal bond, a surety bond can be used for any amount of bail, but it is especially useful when the accused can’t afford to pay his or her bail by cash. This type of bail often involves a friend or relative of the accused contacting a bail agent, also known as a bail bondsman. A bail agent is backed by a special type of insurance company called a surety company and pledges to pay the full value of the bond if the accused doesn’t appear in court. In return, the bail agent charges his client a 10 to 20 percent premium (depending on state law), which is not refundable.
Property Bond - is where either the court or a bail agent keeps a lien on property of some kind (a title to a house, car or boat, or jewelry or electronics) as collateral for ensuring a court appearance.
Laws on Bail Bonds
Commercial bail bonding is illegal in some states and each state has its own bail bond laws. Some states require bondsmen to be licensed. If a person is in need of a bail bondsman, he or she can find listings in local phonebooks. There are also federal laws which apply to persons arrested for federal crimes. The eighth amendment of the US Constitution contains bail bond laws, which state that bail is not allowed to be excessive for the crime in question and cannot be used to raise money for the government or punish a person who allegedly committed a crime. Legal help is highly recommended to assist those who have been booked and are either in jail or have been released.
