Types of Bail

  • The Criminal Justice System
  • Arraignment & Pretrial Motions
  • How to Release an Inmate from Jail
  • Types of Bail
  • Defendant's Rights

  • There are several types of bail which may be posted for an inmate. These are briefly summarized below. Jail personnel are prohibited by law from recommending specific types of bail or particular bonding companies.

    COMMERCIAL BOND: A bonding company may agree to post the inmate’s entire bail for a fee set by state law at ten to fifteen percent (10-15%) of the total bail amount. The fee is not refundable. Names and telephone numbers of the local bonding companies are usually displayed in the jail lobby and inmate holding area.

    PROPERTY BOND: Real property may be posted as collateral for the bail, provided that:

    • all owners are present at the jail when the bond is written 
    • the equity in the property equals some multiple of the bond amount after the homestead exemption ($5,000.00) all liens and encumbrances are deducted

    CASH BOND: The entire amount of the bail, plus certain non-refundable fees, may be paid in cash or approved money order to enable release from jail. In these instances, the entire amount will be refunded after the case is completed in court, less the jail fees for posting the bail in cash.

    PRETRIAL SERVICES AGENCY BOND: Inmates demonstrating community ties (lengthy employment and residency requirements, for example), and satisfying certain other requirements are often allowed to make bond upon payment of a percentage of the total bond amount to The Pretrial Services Agency of the local jurisdiction.

    SELF (RECOGNIZANCE) BOND: A judge having proper jurisdiction may authorize an inmate to sign his own bond in lieu of posting bail.

    NON-BAILABLE CHARGES: Certain charges have no bail at the municipal level.  Bail for murder, armed robbery, rape, treason, aircraft hijacking, perjury, and selling or trafficking narcotics and certain child molestation offenses can only be set by a judge of the Superior Court in the county where the alleged crime occurred.

    DETAINERS: Persons who have detainers (holds or outstanding warrants) placed on them by other jurisdictions cannot be released from jail until these detainers are satisfied or withdrawn. Many detainers are automatically placed by computer and you will usually be advised upon your arrest or when you attempt to make bond if another agency or jurisdiction has an outstanding detainer on you. If there is a detainer on the computer for you from another jurisdiction and it is not released, bail can still be posted if it has been set on the new charges and upon your release from the detention facility where bond is made, the inmate will then be transferred to or picked up by the other agency that has placed the detainer on you.