How Does Someone Get Bailed Out?

Many who have been arrested for a crime (and their family members) in Orlando, FL are curious about how someone gets bailed out of jail, and whether the money is returned once the case has been resolved. While certain criminal offenses are non-bondable such as drug trafficking or murder, most are. When you cannot afford the bail amount set by the judge, you may want to consider hiring a defense attorney based in Orlando to get the bail amount lowered.

Police officers typically set the bail amount that must be posted before your can be released from jail. The amount set corresponds to the severity of the crime, however the judge can adjust the amount for those who remain incarcerated overnight.

When you or your family cannot afford the bail amount, it may be necessary to contact a bail bond company. In this case, the bondsman will issue a bond for you, which essentially guarantees the court system you will show up for future hearings. Many people resort to a bail bondsman when bail amounts are substantial and the defendant or his/her family cannot afford to pay, such as $5,000 or more. In order to get bailed out, you must pay the entire bond amount if you or a family member is posting bail. However, with a bail bondsmen most alleged offenders may be released after paying a fee of 10% of the set bond amount. For instance, if the bail amount set in your case is $10,000, you can pay a bondsman $1,000 and be released from jail.

Why the difference? Bail bondsmen are authorized to locate an offender and arrest him or her using force if it becomes necessary when a defendant fails to appear at a hearing. Additionally, when you don't have $10,000 and that is the set bail amount, a bail bondsman requires an asset as a measure of “security” for the entire bond amount. So, if you pay the 10% fee of $1,000, the rest may be secured in your assets including a home, vehicle, or other property valued at the bond amount. Ultimately, by working with a bail bondsmen you are ensuring that you will pay the full bond amount, something similar to an insurance policy.

If you did abide by the rules and attend all court hearings, the full bond amount will be refunded if you or a family member posted bond. However, if you chose to use a bail bondsman in order to secure bail and be released from jail, you will not recover the 10% fee.

It is also important t note that in the event you do not appear for hearings and the specified bail amount is $10,000, not only may an arrest warrant be issued by the court, the bail amount will be considered in default. Therefore, whether you, your family, or the bail bondsman posted bail, the court will retain the entire amount. The bail bond company may also make a determination to file a lawsuit against you for the financial loss, and send you back to jail if you disappear and fail to appear as promised at court hearings.

Anyone charged with a crime in Florida should work with an experienced criminal defense attorney regarding not only bailing out of jail, but potentially having the bail amount reduced in some cases. Contact us now for a free consultation.