What Does It Mean To Post Bail For Someone? Am I Liable If I Post Their Bail Bond?

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You get a call from a friend or family member – “I have been arrested, I am sitting in the county jail – GET ME OUT OF HERE.” You panic and start calling around and get quotes from bondsman saying they will do 10 or 20% down – how do you know you are being treated fairly? What does it really mean if you post bail for someone?

If you post bond, here are your options:

Cash bond – if you pay cash to the bond desk at the jail. If your friend or family member skips out on the bond, you lose all your money so be careful. However, if your loved one shows up to court and there are no problems, you get your money back! This is a big advantage!

Surety bond – you call a bondsman and they quote you a fee (10% - Full amount) to take the risk on the bond but you do not get your money back. Positive is that it requires less money from you, usually. The down side is that you do not get your money back on a surety bond.

What if your friend or loved one takes misses court? Now the bondsman can sue you and bring a judgment against you for the balance.

Beware – you need to make sure you are dealing with a reputable bondsman – some bonds companies will put onerous requirements on you looking for any reason to hop off your bond, resulting in you going back to jail and wasting all the money you paid the bondsman.

Beware again – if you have a bondsman quoting you 30% and higher for a bond, you are seen as high risk by them and they will be looking to jump off your bond. Also, if you have a bondsman that tries to make you pay 100% of the posted bond amount, they are ripping you off! Don’t use them! You can do that on your own at the jail and get your money back!

Attorney bond – some criminal lawyers have surety with the county jail and can act as both your bondsman and your attorney. The benefit is that you do not have to pay twice for the same services. Usually, the attorney will apply the bond fee to the legal fee.

Criminal Bond Process - the following outlines the criminal bond process

Arrest, Book-in, Magistrate, Bond Set and release.

What if the bond amount is unfair or too high for you to afford? In this situation, you have a few options:

Hire an experienced criminal defense lawyer - your criminal attorney can file a Motion to set reasonable bond and request a hearing. At this hearing, your attorney can provide evidence establishing the bond is unreasonably high and being used as punishment. The purpose of a bond is to ensure the arrested person appears in court. A bond was never meant to be punishment

How quickly will your friend or loved one get out of jail? Depends upon the crime the crime charged. Some crimes required an emergency protective order or monitoring devices. Those crimes can take longer to be released. This process is Bond conditions or Bond caseload. If you are given bond caseload, it usually takes usually 48 hours or more to be released from jails in North Texas. If you do not receive bond caseload or bond conditions, you will likely be released within 24 hours after bond has been posted.

Can the bond conditions be removed or modified?
a. If you hire a criminal lawyer, you can file a motion to modify bond conditions. The motion to modify bond conditions provides your criminal lawyer the opportunity to argue the bond conditions are unnecessary or unreasonable. If the judge refuses to remove all bond conditions, your criminal lawyer may be able to convince the judge to remove the most frustrating conditions to protect your freedom.

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00:00 What Does It mean to post bail for someone?
01:23 Cash Bond
02:02 What Happens If You Pay The Full Bond And The Person Doesn’t Show Up?
02:17 Surety Bond
03:00 What's The Down Side To Surety Bond?
04:35 Beware Of Some Surety Bonds
05:10 Attorney Bond
05:53 What’s The Criminal Process For Post Bonding Someone?

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