When someone is arrested on a bailable offense and bail is set, the defendant can forfeit his/her right to see a judge within 72 hours of arrest (weekends and holidays excluded) and bail out.

This is done most commonly using one of two methods:

1. The defendant or someone other than the defendant will post cash bail at the jail. 

   • This dollar amount is 100% of the set bail for the defendant's offense.

   • If the set bail is $5000, then $5000 cash will need to be posted.

   • When the defendant has fulfilled all of his/her obligations by appearing in court on all matters until the case is resolved the cash posted for his/her release will then be returned to the party who posted it.

2. If neither the defendant nor any family members or friends have access to the entire bail amount. They can call a Licensed Bail Agent and arrange to post a Bail Bond.

   • To post a Bail Bond, typically you would need two things, PREMIUM & COLLATERAL

   • Premium is 10% of the set bail, (Bail equals $5000, premium would be $500), and is considered earned once the defendant is released on said bond and at that time is nonrefundable.

   • Collateral is something for the Bail Agent to hold until the defendant has finished all required appearances with the court, at which time it would be returned.

   • Collateral is usually one of four things, CASH, CARS, REAL ESTATE, and in some cases SIGNATURES of someone who qualifies to be financially responsible to secure the bond.

Surety Bond

This process is a contractual undertaking, which involves a bail bondsperson, an indemnitor, and the court. The courts tend to favor this form of release, because it guarantees that if the defendant fails to appear in court, someone (the bail agent) will make an immediate effort to find the defendant, apprehend him or her, and bring him or her back to the court of proper jurisdiction. By involving family and friends of the defendant, a bail bondsperson and the courts are reasonably assured of the defendant's appearance.

Cash Bail
Cash bail means that the person who is trying to obtain the release of the defendant must deliver the full amount of bail in cash to the jail facility where the defendant is being detained.

Property Bonds
Property bonds involve the placing of local real estate (homes only, no raw land or out-of-state homes) with the courts as security for the release of a defendant. This process typically takes 1 to 2 weeks, because it requires a judge's approval, a property appraisal, a comparable sales comparison, and the clerk's acceptance. However, most states do not accept property bonds. However, Hilburn Bail Bonds will accept property as collateral for a surety bond.
 

ROR
Release on One's Own Recognizance is another method of release. It is given to defendants who have been in the community for many years, have solid jobs, strong family and community ties, and present little or no risk of flight. This release program is usually administered by a county agency or through a local law enforcement agency. A criminal history background check is performed, and a recommendation is given to the court based on those findings. This form of release is common only for first-time offenders and non-violent offenses. Since there is no financial or other security placed with the court to insure the defendant's return to court, there is little incentive for them to appear. 

ELMO and Pre-trial Services
ELMO stands for Electronic Monitor, and it is usually a condition of release in addition to a regular bail bond. The ELMO program is administered either by the local Pre-trial Services Agency or the local law enforcement agency. This device is usually in the form of an ankle bracelet. It sets off an alarm if a person strays too far from its base located within the defendant's home.

The term Bail could be used in several distinct forms: (1) It may indicate  the security-cash or bond-given for the appearance of the defendant. (2) It may also mean the bondsman (i.e., the person who acts as surety (signer on the bail bond) for the defendant's appearance, and into whose custody the defendant is released). (3) As a verb, it may refer to the release of the defendant (he was bailed out). The first meaning is the most common and should be employed for clarity.

Admission to bail is an order from a competent court that the defendant be discharged from actual custody upon bail. The discharge on bail is accomplished by the taking of bail (i.e., the acceptance by the court or magistrate of security-either an undertaking or deposit-for the appearance of the defendant before a court for some part of the criminal proceeding).

Bail is evidenced by a bond or recognizance, which as a rule becomes a record of the court. The bond is in the nature of a contract between the state on one side and the defendant and his sureties on the other. The agreement basically is that the state will release the defendant from custody the sureties will undertake that the defendant will appear at a specified time and place to answer the charge made against him. If the defendant fails to appear, the sureties become the absolute debtor of the state for the amount of the bond.

The purpose of bail is to assure the attendance of the defendant, when his or her appearance is required in court, whether before or after conviction. Bail is not a means of punishing a defendant, nor should there be a suggestion of revenue to the government.

In most State systems the defendant, or any other person, may deposit the sum mentioned in the bail order or bail schedule. Cash is accepted, and it is the practice for each court to adopt a written policy permitting acceptance of checks or money orders, upon conditions that tend to assure their validity, in payment of bail deposits. Some courts have a maximum amount over which a personal check will not be accepted. Depending upon the jurisdiction, government bonds may be accepted. Please note some jurisdictions will set a bail order requiring a corporate surety bond. This means that you can only post bail thru a surety bail bondsman.

Although the right to bail has constitutional recognition in the prohibition against excessive bail, bail is not always a matter of right. However, with certain exceptions a defendant charged with a criminal offense shall be released on bail. Persons charged with capital crimes when the facts are evident or the presumption of guilt great, are excepted from the right to release on bail. However, a defendant charged with a capital crime is entitled to a bail hearing in the trial court to determine whether the facts are evident or the presumption great. A capital crime is an offense that a statute makes it potentially punishable by death or life imprisonment, even if the prosecutor / government has agreed not to seek the death penalty. It is presumed that the risk of flight of the defendant is too great when he or she is facing death or life in prison without the possibility of parole.

When the bail has served its purpose, the surety will be exonerated (i.e., released from the obligation). Exoneration normally occurs when the proceeding is terminated in some way or on the return of the defendant to custody. After conviction, the defendant appears for sentence. If sentenced to jail confinement or imprisonment the defendant is committed to the custody of the sheriff, and the liability of the surety/s' is discharged.

A defendant who is convicted and given probation, is released from custody and the bail bond must be exonerated as a matter of law.

An undertaking is a permissible type of bail security. The taking of bail consists of a competent court accepting an undertaking of sufficient security for the appearance of the defendant, according to the terms, or the surety will pay a specified sum to the state. Corporate sureties are commonly used, and the court will accept an admitted surety insurer`s bail bond power of attorney if executed by the insurer`s licensed bail agent and issued in the insurer`s name by an authorized person.

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The judge or a magistrate may stay the release of a defendant if a peace officer or prosecutor files a sworn declaration demonstrating probable cause to believe the source of the consideration, etc. was feloniously obtained, or the judge or magistrate has probable cause to believe the source was feloniously obtained. This order is commonly known as a Nebbia Hearing or Bail Sufficiency Hearing. If probable cause exists, the defendant then bears the burden by a preponderance of evidence to prove that no part of the source was so obtained. A defendant who prevails must be released on issuance of a bail bond as specified.

Bail can be denied in certain non-capital cases based upon a finding of substantial likelihood of harm to others. When the facts are evident or the presumption of guilt is evidently great, bail may be denied in the following instances: In felony cases involving acts of violence, or felony sexual assault offenses on another person, if the court finds on clear and convincing evidence that there is a substantial likelihood that the release of the accused would result in great bodily harm to others. In a felony case, if the court finds on clear and convincing evidence that the accused has threatened another with great bodily harm, and that there is a substantial likelihood that the accused would carry out the threat if released. The requirement of findings based on clear and convincing evidence implies that a hearing will be held on the issue. If there is existence of a substantial likelihood of public harm or danger to the community it would be determined on the basis of the specific circumstances of the case, the testimony of witness' and prior history of the defendant. The decision to grant or deny bail is subject to review on a court petitioned motion by the defendant.

Inmate GPS Tracking is the real-time, wireless identification of a defendant's location and their surrounding areas. ELMO or Electronic GPS monitoring is a tool that bail bond companies use to track high risk defendants. The courts are also more and more utilizing Elmo systems when setting special conditions of release on bond.

A professional bail bondsman is a bail bondsman who pledges his or her own property / security to guarantee the bail bond to the state. A surety bail bondsman utilizes the financial strength and backing of an admitted insurance company. A surety bail bondsman is also able to post federal court and immigration bail bonds, where a professional bail agent is not.

The amount of the bail is first and foremost within the scope and discretion of the judge or magistrate, with only two general limitations: First: The purpose of bail is not to penalize or punish the defendant, but only to secure the appearance of the accused, and it should be set with that in mind. Second: Excessive bail, not warranted by the circumstances or the evidence at hand. Is not only improper but a violation of constitutional rights. In fixing the amount of the bail, the court takes into consideration the seriousness of the charge, the defendant's previous criminal record, and the probability of the defendant appearing at the trial or hearing.

Additionally, if public safety is an issue, the court may make an inquiry where it may consider allegations of injury to the victim, danger to the public and/or to the defendant him/her self,  threats to the victim or a witness, the use of a deadly weapon, and the defendant's use or possession of controlled substances. A judge or magistrate setting bail in other than a scheduled or usual amount must state on the record the reasons and address the issue of threats made against a victim or a witness. The court must also consider evidence offered by the detained person regarding ties to the community and ability to post bond. The bail amount set by the court must be within the minimum range amount of bail that would reasonably assure the defendant's appearance. NOT the Maximum!