Bail bonds in jail work when a bondsman posts the bail for a fee, usually 10 percent, and guarantees the defendant will appear in court.
How it works
- A judge sets bail after arrest.
- A bail bondsman posts the full amount for a nonrefundable fee, often 10%.
- The defendant must appear in court.
- If they skip, the bondsman can collect the full bail from the co-signer.
Example
$10,000 bail costs about $1,000 for the bondsman.
Cash bail
You can post the full amount yourself and get it back after the case.
Note
Some states, such as Illinois, have ended cash bail.
Bail purpose
Bail is money or property given to a court to ensure a defendant returns for trial. If the defendant appears, the bail is returned (minus fees in some cases). If not, the court keeps it and issues a warrant.
Setting bail
A judge sets bail at an initial hearing (arraignment) based on the charge, criminal history, flight risk and danger to the public. Many places use a bail schedule for minor offenses.
Types of bond
- Cash bond: the full amount paid in cash.
- Surety bond: a bail bondsman posts the bond for a nonrefundable fee, usually 10% of the bail (in some states, fees are capped at 8% to 15%), often with collateral.
- Property bond: real estate is pledged.
- Release on own recognizance (OR): no payment is required.
- Unsecured bond: pay only if the defendant fails to appear.
Example
For 10,000 dollars of bail, a bondsman would charge about 1,000 dollars. This fee is not returned, even if the case ends in the defendant’s favor.
Bondsman’s role
They guarantee the full amount if the defendant skips court. Sometimes, they hire bounty hunters to find defendants.
Cosigners
A cosigner is responsible for the full amount if the defendant fails to appear.
Conditions
Release may require check ins, travel restrictions, monitoring or staying away from certain people.
Reform
Illinois ended cash bail in 2023 through the Pretrial Fairness Act. New Jersey largely eliminated cash bail in 2017. The Prison Policy Initiative estimates that around 400,000 people are jailed on any given day without having been convicted, many held because they cannot afford bail.
Seek help
Talk to a defense attorney for specific advice, since rules vary by state.
Bail amounts and bonds
Bail is money or property that a defendant pledges to guarantee a return to court. A judge sets the amount at arraignment, often using a county bail schedule that lists amounts for common offenses, and considers flight risk and danger to the community. The Eighth Amendment prohibits excessive bail. A defendant can post the full amount in cash, which is refunded if they appear, or use a bail bond. A bail bondsman typically charges a nonrefundable premium of about 10 percent of the bail, though rates vary by state, and may require collateral or a cosigner.
Reform and rights
If the defendant skips court, the bondsman can be forced to pay the full bail and may seek recovery from the cosigner. Some places have limited or ended cash bail, including New Jersey, which replaced it with risk assessment in 2017, and Illinois, which eliminated it in September 2023. Conditions of release may include check ins, travel limits and no contact orders. If someone is arrested, ask for an attorney, and a public defender can request a bail hearing.
Based on data from the US Courts and the Bureau of Justice Statistics
