If you or a loved one has been arrested based upon probable cause or upon an arrest warrant, bail is automatically set by the jail based on a uniform bail schedule. Applications can be made to a judge by law enforcement officers to raise the bail based on the seriousness of the offense and potential for flight risk.

Once arrested, a person must be arraigned in court within 48 hours excluding weekends, holidays, and non-business hours. At the arraignment, the issue of bail can be addressed with the court. The judge has the authority to reduce the bail or release a person on his or her own recognizance, which is a promise to return to the court appearances without having to post bail.

Waiting until the arraignment to post bail may, in some cases, allow an individual or his/her family to save a significant amount of money in bail premiums. However, in some cases, it may be better to post bail immediately to allow the individual to appear in court out of custody. In deciding whether to post bail, it is imperative to contact an attorney for a consultation and expert legal advice.

Bail can be posted by paying the full amount of the bail to the jail. By posting a cash bail, the entire amount of the bail is returned once the case is over and the person charged has made all designated court appearances.

Bail can also be posted by using a professionally licensed and insured bail bond company to post the bond. There is a corporate surety bond is posted by the bail bond company and you pay an 8-10% non-refundable premium. Property bonds can also be posted with the court if there is sufficient equity.

The Law Offices of C. Bradley Patton has extensive experience on the issues of arrests, bench warrants, and bail. Contact us for a consultation and allow our office to help save you money and stress when dealing with this stage of the criminal process.