What Happens When Someone Is Arrested?

When a person is arrested, he or she is taken to a police station for booking. Police officers:

• Record information about the suspect

• Conduct a criminal background check

• Take fingerprints and a mug shot

• Seize and inventory the suspect’s personal property

• Allow the suspect to make a phone call

After that, the person who was arrested is placed in a jail cell, usually with other suspects who have been recently booked.

When Can Bail Be Posted?

In some cases, for less serious crimes, suspects may be allowed to post bail immediately after they are booked. In many cases, however, suspects must wait in jail for a bail hearing. This hearing is usually held in less than 48 hours after booking. At the bail hearing, the judge decides whether the accused person is eligible for bail and how much it will be.

Often, the amount of bail is more than the accused can afford. In that case, a friend or relative can contact a bail bondsman to obtain a bail bond – a surety bond backed by an insurance company that pledges the full bail amount if the defendant fails to appear in court. In return, bail agents charge their clients a 10% premium.

Why Post Bail?

Posting bail allows a defendant to avoid incarceration prior to their court date. This ensures that a defendant doesn’t serve any undue time and that they can adequately prepare and avoid any disruptions in their life pending trial. While under some circumstances it may seem more cost effective to not post bail for a defendant there are other factors that should be considered. When a defendant who has not posted bail appears in court they will do so as an inmate often wearing prison issued clothing & handcuffs. Often this may imply to both judge and jury that the defendant is already guilty or acclimated to the prison system reducing their chances of a successful court outcome. A defendant appearing in court who is free on bail however can do so on their own terms, dictate their own appearance, and minimize chances of undue bias.

Who Can Bail Out?

Unless specifically addressed by the court, anyone can post bail for a defendant.

What is the co-signer responsible for?

A co-signer is a bail bond indemnitor and is fully responsible that the defendant show up to their set court date.

If the defendant misses court what happens to the co-signer?

If the arrest warrant of the defendant for a missed court date is not resolved in a timely manner by their attorney, a bounty hunter will be retained to return the defendant into the courts custody and the cosigner will be responsible for all applicable fees.