View Full Version : Posting bail, the process?


reallyscared124
12-09-2011, 08:52 PM
I'm being told to turn myself in Monday morning. I have two felony warrants out on me. I'm being told the magistrate will set the bond at $100,000 or something astronomical.

How does it work at this point? I stay in jail, have my arraignment and then I have to wait for a court appointed lawyer to file a bond motion to get the amount reduced?

Any idea on how long that could take?

Or is there a way to see the judge and have him reduce the bond without waiting for a lawyer?

When I turn myself in, I'd like to be released the same day or 2-3 days later, rather than waiting several weeks to bond out, meaning I lose my current job.

Please help!

26thncaliswag
12-09-2011, 09:33 PM
It depends on the state. We don't have bondsmen. So where I am, if you don't have assets or someone willing to put their's up, you're stuck until the trial is over. In other states however, if you have collateral to give the bondsman, he'll put it up for you. Either way unless you have the cash in your account, you're going to owe somebody.

Now, you have different kinds of bonds. You can be released on your own name = no money down. You can be released on full bond = the whole 100k. Or, you can be released on 10%. Someone has to be willing to square up $10,000 for your freedom. Failure to appear costs the bonder the whole amount.

There can be a motion to reduce bond, but it's a motion. The judge can deny if he/she feels fit.

trustingGOD001
12-09-2011, 09:36 PM
Generally the bond is 10%
Apply immediately for O.R
The judge will review it and decide to grant O.R or reduce bail

If it is a serious case do not expect it to be lowered. My friend's was not and actually went from 100k to a million back down to 100k. She spent 8k on bail and got a discount for having a private attorney. Do not speak to the detectives. Friend cooperated fully and it did NOTHING good for her.

If you think it will be lowered you can start now by calling bail bonds, explaining your situation and asking rates and payment plans. If you do a payment plan expect to need co-signers since you might go to jail. If you find a reasonable bail bondman they can start the paperwork so when your bail is lowered they can get you out quickly. Do not quit your job as you may qualify for unemployment even if you get terminated. My friend was eligible for unemployment since she has not been convicted just charged. Good luck! I cannot stress enough DO NOT SPEAK TO ANYBODY except your attorney. They twist everything you say and will use it against you and don't believe them when they say just be honest and you will get out of this. Remember bail went up to a million.

L-Z
12-09-2011, 09:41 PM
When my husband was put away his bail was $100,000
He got a court appointed lawyer and after 6 months he was able to lower it to $40,000.
My mother put the money down (10%) but both my mom and sister had to sign all the paperwork. He was able to spend one year out on bond before being sentenced 20 years....

reallyscared124
12-09-2011, 09:45 PM
It's serious. I'm being charged with two counts of drug distribution.

I'm trying to figure out now before I turn myself in if I should post bail or stay in jail.

I only have $15,000 to my name... if my bail is set at 100k, it doesn't seem reasonable to spend $10,000 to be released... What are the chances it will be that high though? I have no criminal record.. but I do have strikes against me, the address on my drivers license is not updated.

But cant my attorney file a bond motion and get it reduced from 100k down to like 50k or something?

How long does that process take? Will i be sitting in jail for weeks before I finally get bond I can afford?

26thncaliswag
12-09-2011, 09:55 PM
Money is money. If you are found guilty, oftentimes, bond can be used for fines and costs. So, don't let that be you determining factor.

reallyscared124
12-09-2011, 10:04 PM
Well the $10,000 would go to a bail bondsman, so it wouldn't be applied to costs and fines.

KamisSister
12-09-2011, 10:15 PM
Not sure about there, here it takes a few months to get bond reduced. And here it will cost you 15 percent to get a bond agent to bail you out. Bond is just supposed to be set to help ensure you won't run away, in the case of a violent crime they can sometimes increase it because of a threat to public safety. I have googled bonds for your charges in Va and it does look pretty high like you said.

Another thing is, check the website of the local sheriff dept to see if they list active warrants, some do now. It can't hurt to make certain they have warrants and aren't just lying to try to talk to you to get you to incriminate yourself. Once they arrest you, they have to read you your rights. And they can get away with lying quite a lot to try to talk to you before they do that. They can trick you into talking to get probable cause to arrest you. I am telling you this because I have seen cases where informants were later determined to not be credible informants. One here was determined to not be credible and about 40 convictions were thrown out.

I think you should call a criminal defense attorney in your area and just talk to them. As far as bond goes, here you have to fill out papers saying you are indigent, and if you can post a 10k bond, you probably wouldn't qualify for a court appointed attorney. It might not hurt to see what an attorney there would charge to just handle this case.

And the supreme court has ruled that as a defendant you have to keep on telling them over and over that you are exercising your 5th amendment right to remain silent too.

26thncaliswag
12-09-2011, 10:18 PM
Bond is posted. You are not giving him $10k for his services, you're securing your ability to walk the street. He should get his $10k back after the disposition. You get yours(minus his fee,) and you should be able to supply the court with a substantial chunk, if not all of you fine money.

trustingGOD001
12-09-2011, 10:23 PM
If you have that much money on hand it would be better spent on an attorney. Unfortunately it is now the weekend. Try finding one early Monday morning. A good attorney can get bail reduced. If you would rather get out and try your luck with a public defender call a bail bondsman and set it up beforehand. Just remember that they may be able to freeze your assets so if the money is in the bank you might be unable to access it.

reallyscared124
12-09-2011, 10:24 PM
Everything I've read says that if you hire the service of a bail bond agent, you have to pay 10% of the bail. So if the bail is $100k, I have to pay the bond agent $10k which is non refundable.

That's here in Virginia though.

Where are you seeing that I would get that $10k I paid the bond agent back??

trustingGOD001
12-09-2011, 10:25 PM
If you do bail out you will not get any of the 10k back that is their fee.

26thncaliswag
12-09-2011, 10:28 PM
Wow! We give it back. Unless you owe a bond attorney, we give it back to the poster party. Some of these states are gettin over!

trustingGOD001
12-09-2011, 10:35 PM
In CA the fee is set by the great state of California so the bail bondsman is making money. They drop down to 8% if somebody co-signs that is in the military, a union member or if you get a private attorney. If you have the entire amount 100k you will get that back at the end since you post it directly to the jail.

26thncaliswag
12-09-2011, 10:45 PM
You learn somethin everyday.

KamisSister
12-10-2011, 08:47 AM
Here you do not get back the money that you give the bond agent. That is their fee for putting up the whole 100k in the event that you run. If you had a million dollar bond they would get 150k, plus sometimes they still ask for your home deed or something.

KamisSister
12-10-2011, 08:54 AM
I would go ahead and try calling an attorney just to see what they say. They will know the bonding rules and the best way to go about everything. Here sometimes you get arrested then bond out then get indicted and an attorney can keep you from having to rebond out. Paying 10k to a bondsman will get you a few months out of jail, getting a good lawyer can save you YEARS out of jail.

prodri73
12-10-2011, 09:05 AM
I'm being told to turn myself in Monday morning. I have two felony warrants out on me. I'm being told the magistrate will set the bond at $100,000 or something astronomical.

How does it work at this point? I stay in jail, have my arraignmen then I have to wait for a court appointed lawyer to file a bond motion to get the amount reduced?

Any idea on how long that could take?

Or is there a way to see the judge and have him reduce the bond without waiting for a lawyer?

When I turn myself in, I'd like to be released the same day or 2-3 days later, rather than waiting several weeks to bond out, meaning I lose my current job.

Please help!




Is this a state case or federal? In federal cases you don't have to put out any monies. My husband was in federal court and his bond was 200k but we didn't have to put out any money...feds do surrety bonds its basically like an O.R bond. So you run or screw up you owe the full 200k. Depends on if the judge wants to let you go.

~I love my hubby~

prodri73
12-10-2011, 09:11 AM
[QUOTE="reallyscared124"]Everything I've read says that if you hire the service of a bail bond agent, you have to pay 10% of the bail. So if the bail is $100k, I have to pay the bond agent $10k which is non refundable.

If you have the full 10k I would pay the jail directly...at least that way in the end you get some of your money back minus court costs and fees..if you use a bondsman you lose all your money at least that's how it works in Indiana

~I love my hubby~

reallyscared124
12-10-2011, 11:04 AM
I don't understand.

I turn myself in, bond out.

Then the case goes before a grand jury, i get formally indicted and I get arrested again???? And I have to post bond again??

That doesn't make any sense!

trustingGOD001
12-10-2011, 11:17 AM
We paid $15 to renew the bond when my friends bail reduced. So no you don't pay again.

prodri73
12-10-2011, 11:28 AM
I don't understand.

I turn myself in, bond out.

Then the case goes before a grand jury, i get formally indicted and I get arrested again???? And I have to post bond again??

That doesn't make any sense!

No..you turn yourself in...wait for a court date..get formally indicted...then wait for a bond hearing then bond out...

~I love my hubby~

prodri73
12-10-2011, 11:31 AM
Oan: the whole waiting for court date to be indicted and for a bond hearing can take weeks

~I love my hubby~

reallyscared124
12-10-2011, 11:46 AM
My lawyer said that here in Virginia, when you get arrested or turn yourself in, you immediately go before a magistrate who sets bail according to a bail schedule.

If the bail is too high, you sit in jail and your lawyer has to file a bond motion before a superior court judge to get it reduced.

I'm just wondering how long that process takes. Seems the processes differ from state to state.

prodri73
12-10-2011, 12:13 PM
My lawyer said that here in Virginia, when you get arrested or turn yourself in, you immediately go before a magistrate who sets bail according to a bail schedule.

If the bail is too high, you sit in jail and your lawyer has to file a bond motion before a superior court judge to get it reduced.

I'm just wondering how long that process takes. Seems the processes differ from state to state.

I am not sure how that works....I've never heard of someone immediately going before a magistrate...but good luck if that's how it works out there...and I've never heard a lawyer tell someone what their bond is going to be before you go to a bond hearing...that is usually at the judges discretion...either way I wish you the best of luck.

~I love my hubby~

KamisSister
12-11-2011, 07:40 AM
Here, for some things they can arrest you before the grand jury indicts you and it may not be that way where you are. You see a magistrate within 48 hours for the initial bond setting here. It is my understanding that after indictment you could have to bond out again but maybe that is only if they indict you on more serious charges. It is probably unique to here.

If your bond here is 100k and you have 100k in cash you can just give that. If you only have 15k you give that to a bondsman and they keep it. And in theory they give the 100k to secure your freedom.

prodri73
12-11-2011, 08:01 AM
Here, for some things they can arrest you before the grand jury indicts you and it may not be that way where you are. You see a magistrate within 48 hours for the initial bond setting here. It is my understanding that after indictment you could have to bond out again but maybe that is only if they indict you on more serious charges. It is probably unique to here.

If your bond here is 100k and you have 100k in cash you can just give that. If you only have 15k you give that to a bondsman and they keep it. And in theory they give the 100k to secure your freedom.



Well that sucks. Sorry I couldn't be more helpful. I would call the court and try to find out as much as the process as you can. Also why don't you call the jail or police station and ask if you have an active warrant usually they will tell you.

~I love my hubby~

trustingGOD001
12-11-2011, 04:22 PM
In California bond is set when you are arrested. Apply for O.R immediately and at arraignment your attorney or public defender will request O.R or request bail reduction. In CA there is a time limit. You have to see the judge within 48 or 72 hours not including weekends. My friend was arrested on a Friday and she had to see the judge by Tuesday. He denied bail reduction or O.R and she bailed out. Find out how it works in your state. You can call a bailbonds person and ask.