When your loved one is processed into jail following an arrest, bail may be set for them. Bail will be set per a bail schedule or be set by a magistrate or judge, depending on the laws in the city where your loved one is being jailed.
Upon hearing that bail is set, you have to decide whether to post bail yourself or have a bail bond posted. Many people use the terms bail and bail bonds interchangeably, but they are separate terms. Here are a few of the key differences between posting bail yourself versus having a bail bond posted.
1. The Process of Posting Bail
If you decide to post bail on your loved one's behalf, you can go to either the courthouse or the jail and post bail on behalf of your loved one. The payment is processed, and your loved one begins the process of being released.
When a bail bond is posted, a bail bond agent posts bail instead. They go to the courthouse or jail and post the bail amount on your loved one's behalf.
2. The Cost of Bail Versus a Bail Bond
Another major difference is the amount of money you will pay out of pocket when posting bail versus paying for a bail bond. If you post bail on behalf of your loved one, you are paying the courts or jail the full bail amount for your loved one. For example, if bail is set at $25,000, you will have to give the court or jail $25,000 to free your loved one.
A bail bond is very different. A bail bond agent will post the bail amount for your loved one in exchange for a percentage of the bail amount. In the state of Florida, the state has set this percentage at 10 percent for state crimes and 15 percent for federal crimes. So if your loved one has a $25,000 bail amount on a state crime, a bail bonds company will post the bail in exchange for a fee of $2,500.
3. The Terms of Your Release on Bail
When the courts release an inmate from jail on bail, they provide that inmate with a list of terms the inmate must follow while released. The rules vary based on the crime that was committed.
Someone arrested for a drug crime may have to undergo drug testing, while someone arrested for domestic violence may have to stay away from their victim. The courts can also impose travel restrictions and curfews and require monitoring with an ankle bracelet.
If your loved one is released on bail that you posted, the only terms of release they have to abide by are those the court imposes. If a bail bond company posts bail, they can impose their own restrictions on your loved one.
Many bail companies require the arrestee to work and to check in with them regularly. If your loved one fails to follow the terms set by a bail company, the bail company can terminate bail and rearrest them.
4. What Happens When the Case Is Completed
When your loved one's case comes to a completion, the money may be returned to you if the charges were dropped or dismissed or if your loved one was found not guilty.
If your loved one reached a plea deal or was found guilty, the courts can withhold money from the bail to pay court fees and costs as well as criminal penalties and restitution. Any money remaining will be returned to you.
If you use a bail bonds company to post bail, you do not get the money back under any circumstances. You paid a fee for the company to post bail on behalf of your loved one. Money is never returned to you, even if your loved one was innocent or charges were dismissed.
If you are looking to have a bail bond posted on behalf of your loved one in the greater Pensacola, Florida, area, Matt Mckeehan Bail Bonds can help you.
Contact us
today to begin the process of obtaining a bail bond and getting your loved one out of jail promptly.