Court Procedure

Bail Bond Information

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Bail Bond Information

When an individual is arrested, the person is typically taken to a local detention facility for booking prior to incarceration in a lock-up station or county jail. Once arrested and booked, the defendant has several options for release pending the conclusion of his or her case.

The Bail system is designed to guarantee the timely appearance of a defendant in court. Bail also acts as an insurance policy for the state that the defendant will appear to face the charges against him or her.

Bail Release Options

There are five basic release options:

• Surety Bond (Most Common Bail Bond)
  The Surety Bond contract with the Bail Bond Agent which guarantee the defendant's appearance in court. The Bail Bond Agent is fully liable if the defendant does not appear in court.


• Cash Bond
  A Cash Bond is the same as a Surety Bond except the individual is required to post the total amount of the Bail (not just 10 percent) in cash. The court holds this money until the case is concluded. If the defendant does not appear as instructed, the cash bond is forfeited and a bench warrant is issued for the defendant.


• Property Bond
  In rare cases, an individual may obtain release from custody by means of posting a Property Bond with the court. The court records a lien (or right) on the property to secure the bail amount. If the defendant fails to appear, the court may institute foreclosure proceedings against the property. The equity of the property must be twice the amount of the bail set.


• Own Recognizance (OR) - "Get Out Of Jail Free" / Citation Release
  OR constitutes an administrative pre-trial release without any financial security to insure the defendants appearance.

When is Bail determined?

Bail is usually determined by the judge at a defendant’s arraignment, first court appearance.

Bail is Normally Granted When:

• A person is arrested for a bailable offense, and is not a danger to the public; and


• A person has close ties to the community and is not a flight risk

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