So, you have been arrested for DUI, or DWI. Now you are in jail and you need to get out, the judge ordered bail for you but what’s next? how do you bail yourself out of jail while your still in jail? How do you bail a friend out of jail? How does bail even work? Read below for valuable information.
What is Bail and How Does Bail Work?
When the Arrest Is Made, Pending Trial
- Bail bonds are used to get someone out of jail while the individual awaits trial. A preliminary hearing will take place in which he may plead guilty or not guilty. At this hearing, the presiding judge will set the bail amount. A bail bond cannot be paid before the preliminary hearing, because only the judge can set the bail amount.
Once Bail Has Been Set
- The bail bond may now be paid to get the individual out of jail. Depending on where you live, you may need to pay the bond to the court clerk or the jail. Some states also allow the use of bail bondsmen, third-party individuals authorized by the court to take bail payments. Often, they can offer you a slightly reduced bail bond rate. Once bail has been paid, the individual will be released from jail until his trial date.
Awaiting the Trial
- When the individual is out of jail on the bail bond you paid, he or she is considered to be in your custody. This means you must ensure that he or she reports to the courthouse at the appropriate time for trial, as the bond you paid guarantees his or her appearance. If the individual does not show up, you will lose the amount paid for the bail and a bench warrant will be issued for his or her arrest.
After the Trial
- The individual will either be cleared of the charges against him or have to pay fines and possibly serve additional jail time. You will be able to claim the bond money you paid. Some states may deduct certain processing fees from the amount paid, though in these states using a bail bondsman can reduce or eliminate these fees.
How do I get bail while I’m in still in jail?
Getting arrested means that you will, more than likely, have to stand in front of a 
judge to have your charges formally recorded. During this court appearance, you will probably have a bail amount set by the judge. She takes into consideration your charges, criminal history and flight risk when she determines the bail amount. In some cases, bail may be a preset amount depending on your charge. Here’s how to pay your bail while you’re in jail.
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Use your free phone call to contact a family member who can bail you out of jail. If your bond has been set, let the person know the amount. If you have to have it set at a later time, let the person know when it will be set. By law, when you are arrested, you are allowed to make one call, free of charge.
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Step 2 – Ask the judge to let you out of jail on your own recognizance. This is usually possible if you are facing minor charges and you are considered to be stable by the court. In order to be considered stable, you usually have to have a steady job and residence. Having family in the area to vouch for you will usually help.
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Step 3 – Contact a bail bonds agent. Most bail bond companies will be able to accept collect calls from the jail. When you contact the agent, he can contact the people who will post your bail.
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Step 4 – Write a letter to someone to post your bail. This is a way to get your bail posted if you are unable to contact anyone by phone. Make sure that you include your bail amount, charges and your next court date so the person can inform the bail bond agent.
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Step 5 – Send word with an inmate who is being released to someone who can bail you out. This should be used as a last resort, because most inmates will forget to do this once they are released.
HELPFUL TIP:
Always be polite to law enforcement when you are arrested. Some judges will take your behavior after your arrest into consideration when she is setting your bail amount. Being cooperative may result in the detective for your case recommending a lower bail amount.
How Can I bail a friend out of jail?
Getting a bail bond for a friend is probably something you never expected to need to do, but a bail bond agent can help you through the process.
If a defendant can’t afford to post the full amount of his or her bail, a bail bond agent can post the bail instead, charging a non-refundable fee that’s usually around ten percent of the bail. This allows the defendant to get out of jail quickly while 
awaiting trial.
The easiest way for a prisoner to get a bail bond may be to call a friend or relative to make the arrangements with the bail bond agent, though a prisoner can also call a bail bond agent directly. The jail may provide a list of agents, without recommending any in particular. If you’ve received a call from someone asking for help in securing a bail bond, follow the steps below.
Step 1 – Gather the information you’ll need when speaking to the bail bond agent: the full name of the defendant, their date of birth, what jail they’re in, when they were arrested and on what charges, and the amount of bail required. If the bail agent asks someone to co-sign the bond, you or another friend of the defendant will need to do so, in order to get the bail bond. The main risk of co-signing is if the defendant fails to appear as required by law, the co-signer can be responsible for the full amount of the forfeited bail.
Step 2 – Call a bail bond agent who’s licensed in your state. You can find lists of bail bond agents in the yellow pages, online, or often from the jail itself. An online site with reviews is ideal. You may want to contact several and choose which seems easiest to work with. The bail bond agent should be willing to explain and help you with the process of posting bail.
Step 3 – Wait for the bail bond agent to double-check information on the defendant, if necessary. The bond agent is absorbing the risk of losing the entire amount of the bail if the defendant fails to appear, so he or she may want to check the defendant’s past record.
Step 4 – Agree to the cost and conditions of the bail bond that the agent offers, try to negotiate, or shop around to other agents. The bail bond agent will state the cost of the bond and explain any collateral or co-signer requirement. Ask about additional fees such as phone calls or mileage to the jail, and also inquire about payment methods, which may include credit card, check or cash. Make sure you understand all the costs involved and who will pay them. While bail itself is generally refundable if you choose to post the full amount, a bail bond isn’t refundable even if the defendant appears before the court as required. If the bail bond is more than you can afford, you can ask if the agent will offer a payment plan or possibly come down on the cost.
Step 5 – When you’ve agreed on the bail bond, arrange to meet with the agent and any other co-signers at the jail where the defendant is held. After the papers are signed, the agent will post the full bail, allowing the defendant to be released.
Step 6 – Make sure the defendant knows the next time that he or she will be required in court and has all the information necessary, including the location of the specific courtroom. The defendant, co-signer and bond agent will all have various liabilities if the defendant doesn’t appear.
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