The Hive Law

Can You Bail Yourself Out Of Jail? (Everything You Need To Know)

Can You Bail Yourself Out Of Jail

Can you bail yourself out of jail?

In this article, you’ll learn about:

  • the different ways to bail yourself out of jail
  • how to bail yourself out of jail
  • how you can make payments
  • why you should bail yourself out vs using a bail bondsman
  • things to be aware of if you have to use a bail bond company

Let’s dig in.

Table of Contents

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Can You Bail Yourself Out Of Jail?

Yes, you can bail yourself out of jail.

You do not have to use a bail bondsman to bail yourself out of jail.

If you have the money to cover the entire amount, you can post bail yourself.

You will get your bail money back after you’ve:

  • made all of your court appearances
  • the case is resolved
  • all court fines have been paid

The purpose of bail is to make sure that you show up to court.

As long as you show up and follow the rules, you’ll get the full amount of money back.

Your Options When Bailing Yourself Out Of Jail

What options do you have when you bail yourself out of jail?

These are the following options:

  • Posting cash bail. You pay the full amount of the bail set by the judge in cash or cashier’s check. This is you or a loved one paying your own bail.
  • Bail bonds. You pay a portion of the amount of your bail. A bail bond company pays the rest of the total bail. You pay them a 10% fee on the full amount of your bail.
  • Surety bond. You pay a portion of the amount of your bail. A third party guarantees the remaining set bail amount.
  • Property bonds. You use your property to guarantee the full amount of your bail. This property has to have a value equal to double the amount of your bail.
  • Release on your own recognizance. You can get released without posting bail.

With all options, you are guaranteeing that you will:

  • show up on your court date
  • make all court appearances that you need to
  • have enough money to pay the courts and bondsmen (if used).

When you pay with cash, you need to have enough money to pay the entire amount of the bond.

Bail bond agencies make you have a cosigner for surety bonds and bail bonds.

How Can You Pay Your Own Bond?

The steps for you to pay your own bond to get out of jail are:

  1. find out what the bail amount is that you need to post bail
  2. collect the bail money to cover the full amount of bail
  3. contact the jail or court and make the arrangements for paying bail
  4. make sure you have the necessary paperwork ready for your release

The paperwork you need to post bail is:

  • a copy of your bail receipt
  • any paperwork related to the bail agreement
  • a copy of your identification
  • any other paperwork that is required by the jail or court

How To Gather Funds To Bail Yourself Out Of Jail

How do you bail yourself out of jail when you’re in jail?

You’ll have to have a family member or a loved one help you collect the bail money.

When you bail yourself out of jail, you can pay with:

  • cash or check
  • a credit card or debit card
  • a wire transfer

Courts are prohibited from requiring excessive bail.

Per the 8th Amendment, they have to take into account:

  • your financial resources (or lack of) when setting the full bail amount
  • your flight risk
  • the seriousness of the crime
  • your likelihood of conviction

Going To The Bail Hearing

The bail hearing is where the judge decides if you can get released from jail on bail.

They look at things like:

  • your criminal history and criminal records
  • if you did serious crimes (i.e., misdemeanors, domestic violence, violent crimes, etc.)
  • if it’s your first time in jail
  • the likelihood that you will flee if released
  • your ties to the community (i.e., church leaders, volunteers, etc.)
  • your employment history

Benefits of Bailing Yourself Out Of Jail vs. Using a Bail Bondsman

Bailing yourself out of jail is good if you have the money to pay the entire amount.

Here are some benefits of bailing yourself out of jail and not using a bail bond agent.

How Much Money You’ll Save

Bail bond agents usually charge you 10% – 15% of the total bail amount.

Let’s say your bail amount is $10,000.

They will pay the full amount of bail at $10,000.

You will owe them $1,000 – $1,500 in bail bond fees.

After you show up to court, the courts will pay them back the $10,000.

So, bailing yourself out of jail, in this example, would save you up to $1,500.

They can also charge you nonrefundable fees.

Avoiding Legal Obligations When Bailing Yourself Out Of Jail

The legal obligations you have when using a bail bondsman are:

  • you will show up in court on all court dates
  • you will adhere to all court-ordered instructions
  • you will pay the full bail amount if you fail to follow the obligations

It’s not recommended that you skip court or fail to follow court orders.

Additional Legal Obligations of Using a Bail Bondsman

Let’s say that you decide you can’t bail yourself out of jail.

And that you need a bail bond company to help you post bail.

Here are some of the legal obligations that you will save to get yourself out of jail.

Contractual Terms & Conditions They Make You Sign

Here are some of the contractual terms and conditions bail bondsmen make you sign:

  1. You have to provide them with a valid form of ID.
  2. You have to give them a signed and dated promissory note for the full amount of the bond.
  3. You have to provide a lien or collateral for the total bail amount.
  4. You have to provide a guarantee you’ll pay the full bail amount if you don’t show up to court.
  5. You have to agree to pay the fees that they will charge you.
  6. You have to agree to indemnify the bondsman if you don’t show up to court or follow orders.
  7. You have to pay all costs associated with the bond.
  8. You have to agree to the terms and conditions for the court appearances.
  9. You have to communicate any changes in your trial statuses.

Collateral Requirements When Using Bail Bondsmen

The collateral requirements when using a bail bondsman vary.

It depends on how serious your crimes are.

Collateral can include things like cash, property, stocks, bonds, jewelry, vehicles, etc.

They may also require you to have a cosigner to guarantee the bond payment.

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