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Frequently Asked Questions

Q: What is bail and how does it work?
A: Except in capital murder cases, an accused person is entitled to be released on bail.  Bail must be in a reasonable amount based on two factors:

    • To ensure future court appearances
    • To ensure the safety of the community

So as you might expect, a person with an extensive criminal record accused of a gun crime will have a far higher bail than a person with no record accused of a minor offense. Bail can be paid directly to the Court, or a fee can be paid to a bail bondsman, who posts the bail on your behalf.
There are four types of bail, or pretrial release:

    • Own Recognizance: no bail at all
    • Unsecured Bond:  an amount of bail, but it does not have to be paid unless you miss a court appearance
    • Secured Bond:  This can be posted in full with the Court (in which case you can get most of it back after the case) or a licensed bail bondsman can post it for a 10% fee.  In that case the bail bondsman keeps the 10% as a fee.
    • Cash Bond:  This must be posted in cash with the court in full, or a bail bondsman will typically post it for a fee of about 1/3 of the cash amount. Again this is a fee and not recoverable.
      Bond is of course forfeited if you miss court appearances, get arrested, or violate the conditions of bond (such as curfew or a no-contact order). If you get locked back up for one of these reasons, you will typically be held on a high cash bail until your trial.

If you use a bail bondsman, please make sure the company is licensed to do business. You are free to contact whoever you like, but we recommend Above and Beyond Bail Bonds at (302) 275-5463.  They provide prompt and courteous service.

Q: Should I bail out my family member?
A:This is a very tough question.  Obviously people want their loved one home and not locked up.  On the other hand, bail is expensive. Many people cannot afford bail and legal representation. Frankly, it is  more important in the long run to have an effective lawyer for your case.  The other issue is whether your loved one risks reoffending if he or she is released to the community. Jail is no fun, but at least the defendant will stay out of trouble until trial.  
Each case is different.  We would be glad to discuss with you the pros and cons of bail in your particular case. We can also file bail reduction motions to try to decrease your cost.  Please contact us for a no-charge consultation regarding your bail issues.   Contact us by calling 302-655-4600.