What are the release options when someone is arrested and how can the bond be paid for?

There are five release options available. The three most common options are:  Cash Bail, Surety Bond and Release on Own Recognizance (O.R.) - also called Personal Recognizance or P.R. - this option does not require the services of a bail bonding company.  Property Bonds and Release on Citation are the other two options.  Cash, checks and credit cards, along with collateral (see collateral below), are all accepted in the financing options available for release.

Cash Bail

Cash bail means a person must give the court or jail the total amount of the bail in cash. The cash will be held by the court until the defendant appears at all of his/her court cases and the case is concluded. Full cash bonds provide a strong incentive for the defendant to appear in court.

Surety Bond

This process uses a contractual agreement by an insurance company having sufficient assets to guarantee the full value of the bond. The bail agent guarantees to the court that they will pay the bond forfeiture if a defendant fails to appear for their scheduled court appearances. The bail agent’s guarantee is made through a surety company and/or by pledging property owned by the bail agent.  Subsequent to this procedure's completion, the bail agent will post a bond for the full bail amount, financially guaranteeing the defendant's return to court as scheduled.

Bail bond agencies are required by law to collect 10% of the bail (called a premium.)  For example,
if the bail amount is $2,000, the premium charged is $200 with the full face value of the bond secured with collateral.  With the help of family and friends, as well as through the collateral, the bonding company then has the reasonable confidence that the defendant released on a surety bond will show up for all their court appearances.  

What is collateral and what can be used?

Collateral is anything of value used to financially secure the full value of the bail bond.  Some common examples of collateral include credit cards, houses, cars, trucks, motorcycles, boats, electronic equipment and jewelry.

How much of the premium will I get back and when will collateral be returned?

The premium is the fee for the services of the bail bond agent and and therefore the amount of the premium is not returned.  This amount typically represents 10% of the total bond.  The collateral is returned (provided the defendant makes all their scheduled court appearances) when the court has finished with the defendant’s case, exoneration of the bail bond, and after all fees have been paid.

How long does the release take?

This differs between city and county jails. City jails are operated by city police departments and county jails by the county sheriff. After a defendant is booked (fingerprinted, photographed, warrants checked, etc.), it typically takes 1 - 2 hours to be released on bail from a city jail, and anywhere from 2 to 8 hours and up to 24 hours from a county jail.  Henry's Bail Bonds does everything possible to expedite the defendant's release but all incarceration facilities have their own timetable over which neither we, nor the bail bondsman we sent to the facility, have no control.

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