Bail Facts: Getting Out Of Jail After an Arrest

What you need to know about bail (what it is, how it's set, and how to pay it.):
A person's first thought upon landing in jail is often how to get out -- and fast. The usual way to do this to "post bail." Bail is cash or a cash equivalent that an arrested person gives to a court to ensure that he will appear in court when ordered to do so. If the defendant appears in court at the proper time, the court refunds the bail. But if the defendant doesn't show up, the court keeps the bail and issues a warrant for the defendant's arrest.
How Bail Is Set:
Judges are responsible for setting bail. Because many people want to get out of jail immediately (instead of waiting up to five days to see a judge), most jails have standard bail schedules that specify bail amounts for common crimes. An arrested person can get out of jail quickly by paying the amount set forth in the bail schedule.
The Eighth Amendment to the U. S. Constitution requires that bail not be excessive. This means that bail should not be used to raise money for the government or to punish a person for being suspected of committing a crime. Remember: The purpose of bail is to give an arrested person her freedom until she is convicted of a crime, and the amount of bail must be no more than is reasonably necessary to keep her from fleeing before a case is over.
So much for theory. In fact, many judges set an impossibly high bail in particular types of cases (such as those involving drug sales or rape) to keep a suspect in jail until the trial is over. Although bail set for this purpose -- called preventative detention -- is thought by many to violate the Constitution, courts have uniformly rejected this argument (the issue has never been decided by the U.S. Supreme Court, the ultimate arbiter of what is and is not constitutional).
If a person can't afford the amount of bail on the bail schedule, he or she can ask a judge to lower it. Depending on the state, this request must be made either in a special bail setting hearing or when the person appears in court for the first time (usually called the arraignment).
Paying Bail:
Bail can take any of the following forms:
cash or check for the full amount of the bail
property worth the full amount of the bail a bond (that is, a guaranteed payment of the full bail amount), or
a waiver of payment on the condition that the defendant appear in court at the required time (commonly called "release on one's own recognizance").
A bail bond is like a check held in reserve: It represents the person's promise that he or she will appear in court when required to. The bail bond is purchased by payment of a nonrefundable premium (usually about 10% of the face amount of the bond).
Getting Out of Jail Free:
Sometimes people are released "on their own recognizance," or "O.R." A defendant released O.R. must simply sign a promise to show up in court. He doesn't have to post bail.  A defendant commonly requests release on his own recognizance at his first court appearance. If the judge denies the request, he then asks for low bail.  In general, defendants who are released O.R. have strong ties to a community, making them unlikely to flee. Factors that may convince a judge to grant an O.R. release include the following:
•The defendant has family members (most likely parents, a spouse or children) living in the community.
•The defendant has resided in the community for many years.
•The defendant has a job.
•The defendant has little or no past criminal record, or any previous criminal problems were minor and occurred many years earlier.
•The defendant has been charged with previous crimes and has always appeared as required.


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The Bail Bond Process in New Jersey

The following scenario is typical for people arrested in New Jersey. Please keep in mind that each case is different, and that prior arrest records, number of people being processed at the correctional facility and current events at the jail will impact the amount of time required for processing. Please call Rapid Release Bail Bonds (732)294-1138 as quickly as possible after the arrest or arraignment has taken place for prompt service.

The Bail Bond Process

Required Information

To begin the bail process, the following information is needed:
​    --  The name of the person who's been arrested​
    --  Where they are being held
    --  What they have been charged with
    --  The total amount of the bail bond​
    --  The name of the person posting bail & their phone number

From that point, we will contact either the correctional facility or corresponding court for case information.

The first time you have to bond out of jail is an experience most people aren't prepared for. Whether you're the person waiting in jail, or the friend or family member working to help from outside, this guide will help you through the ordeal. The first thing you need to know is that getting arrested in real life is not like what you see on television. You may not hear 'You have the right to remain silent...' and no one's going to offer you the 'one phone call' you always hear about. You do have rights, but it won't seem like it right away.
Understand that while your arrest may have seemed to happen quickly, your time in processing at the jail may seem to last for days. The jail officers aren't going anywhere, and for he time being neither are you, so they don't feel any need to hurry.
You're unlikely to have any contact with anyone until you've sat around a while, been fingerprinted and photographed, sat some more, been questions, and then waited a while more. You may also get showered (if you're lucky), or deloused (if you're not so lucky). But at some point you should be locked into a room, and that's when you can start to try to call out.
Your holding area will probably look like a row of really small bedrooms around a larger 'day-room' wit a television and tables and chairs. The telephone is almost always located in the day-room. There's often only one, for everyone to share. While you're waiting your turn, talk to the other inmates.
You probably didn't come in to jail the first time knowing the names or phone numbers of any bondsmen, and the jail staff probably won't have the time or inclination to get you that information. Your cell-mates are your best source of help at this point.
There will be two groups of people in the day-room. Some of them will look panicked, may be crying, and will keep trying to use the phone to call family or friends for moral support. Those people won't be able to help you.
The people you're looking for are calm. They're watching television, and chatting as if they don't have anywhere they'd rather be. Those folks have been there long enough to know the system; that's why they're calm. They can help you.
Tell them what you're accused of (now is not the time to discuss whether or not you did it), and ask them which local bondsman can help you. They'll probably also be able to tell you what you'll need to provide (how much money and information), and what you're demeanor should be like on the phone.
Your bondsman will want to be assured of several things. First that you have someone on the outside waiting with money for them. Don't worry if you don't know the exact amount. The bondsmen will need to cal the jail office to verify it anyway.
Next, you'll probably need someone to sign for you. A parent, or other adult, will have to swear to the bondsman that they'll make sure to keep track of you and make sure you come to court when you're scheduled to. Some bondsmen will also want you to post some kind of property, as collateral to insure your appearance. Your home, or your car, are typical choices for property collateral. You keep them for now, but you sign papers saying the bondsman gets them if you no-show at court.
Once you get a bondsman to talk to you, he'll tell you to sit tight and wait for him to come to the jail and get you out. You may be waiting a while. Face it, he knows you're not going anywhere. He may wait until he has two or three people there and then come get them all at once. Often, a bondsman will work several adjacent counties, so he may have a bit of drive time before he gets to you.
Try to be patient, and resist the urge to phone them repeatedly asking 'how soon?'. They'll come when they come, and then you'll still have to sit through an interview in person. It's not over until you're out the door, so be honest, polite, and patient. He'll ask you a million questions, some of them personal. You'll have to list every family member you have, plus and friends and employers, for references. It's hard to remember all those names, addresses and phone numbers during what is sure to be a stressful time; just do the best you can.
If you get through all that, without doing or saying anything to spook the one guy who can help you, you'll probably still go back into your cell for a while. The jailers will have some paperwork to do, and then they'll get you back into your street clothes and ask you to sign a form sating you got your personal property back. (Sign it, no matter what's missing, be this is a bad time to argue!) Then you'll be led out to an area where the bondsman is waiting.
After he's got his money, you'll probably get one last pep talk about showing up for court or else, and then you're free to go. If your bondsman is really nice, (and you've made a good impression) you might even get a ride home..

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