How Bail is set
The arresting officer files a probable cause affidavit with the court which is basically an abbreviated police report of the allegations against the defendant. Bail is money or another security (such as a bail bond) provided to the court to temporarily allow a person's release from jail and assure their appearance in court. "Bail" and "Bond" are often used interchangeably. After reading the police officer's report and looking at the defendant's criminal history, the judge determines the bail amount based primarily on the seriousness of the allegations against the defendant and the defendant's criminal history.
Bail can be set as low as $500 and as high as $1,000,000; it all depends upon the decision of the judge. Bail will be set between 7 A.M. and 1 A.M., so if you are arrested later in the afternoon or evening, the bond will be set the following morning.
There are basically four ways to be released from jail: Cash bonds, Personal bonds, Lawyer Assisted Bonds and Surety Bonds.
More about Bail
The process of posting a bail bond involves a contractual undertaking guaranteed by a bail agent and the individual posting bail. The bail agent guarantees to the court that the defendant will appear in court every time the judge requires them to.
For this service, the defendant is charged a percentage of the bail amount. Before being released, the defendant or a relative or friend of the defendant typically contacts a bail agent to arrange for the posting of bail. Prior to the posting of a bail bond, the defendant or a cosigner must guarantee that they will pay the full amount of bail if the defendant does not appear in court.
Typically, a family member or a close friend of the defendant will post bail and cosign. Collateral is not always required for a person to be bailed from jail. Often a person can be bailed from jail on the signature of a friend or family member. After an agreement is reached, the bail agent posts a bond for the amount of the bail to guarantee the defendant’s return to court.
If the defendant doesn't show up, the cosigner is immediately responsible for the full amount of the bail. If the defendant is located and arrested by the bail agent, the cosigner is responsible for all expenses the bail agent incurs while looking for the defendant.