How Long Does It Take to Get Bailed Out of Jail?

How Long Does It Take to Get Bailed Out of Jail?

Getting arrested and thrown in jail can be a scary, confusing experience. As you sit there in your cell, bored out of your mind and wondering when you’ll be able to get out, one of the biggest questions probably going through your head is “how long is this gonna take?”

Well, the answer depends on a lot of different factors. But generally speaking, if someone is able to post bail for you, you can expect to be bailed out within 12-24 hours. However, it could take longer if there’s issues coming up with the money or if there’s a backup at the jail. I’ll explain more below.

How the Bail Process Works

After you’ve been arrested and booked into jail, the judge will decide whether or not to set bail in your case. If they do, they’ll determine a bail amount based on factors like the seriousness of the alleged crime and whether you’re considered a flight risk.

Once bail is set, that’s the amount of money someone will have to pay to the court in order to get you out of jail while your case moves forward. It serves kind of like collateral to make sure you show up for future court appearances.

So if a judge sets your bail at $20,000, that means someone will have to write a check for $20,000 to the court to bail you out. This person is known as the “surety.” Often it’s a family member or friend who puts up the money on your behalf.

One thing that confuses people though – the surety doesn’t just hand over $20,000 in cash and that money is gone forever. They are essentially loaning that money to the court. So if you show up to all your court dates like you’re supposed to, the surety will get that bail money back in full when the case is over.

But if you were to miss court or try to flee town, the court would keep the money as payment. That’s why they call it “posting bail” – the money serves as collateral.

How Long Does it Take to Get Bailed Out?

Okay, so now that you know a little bit about how bail works, back to the original question…how long does it typically take to get bailed out after bail has been set?

Most jails have a bail/bond window that’s open 24/7 to accept bail payments. So in a perfect world, if bail was set at your arraignment and your family immediately went to the court to post the money, you could be out in just a few hours.

But more realistically, for small-time crimes where bail may only be a few hundred or few thousand dollars, if someone can scrape the money together quickly, you’re probably looking at getting bailed out within 12-24 hours.

However, for more serious crimes where bail could be tens of thousands of dollars or more, it obviously may take your family or friends some time to come up with that kind of money. They may need a day or two to mortgage property, take out a loan, etc.

Or, if they don’t have the assets to cover the full bail amount, they may go through a bail bonds company, which will charge a non-refundable fee to post bond using their own capital (usually 10-15%). But all that takes some coordination and paperwork.

There’s also the option in some states to pay 10% of the bail amount directly to the court upfront. But coming up with even 10% of a large bail figure on short notice may still take some time to pull together.

Delays in the Bail Out Process

While 12-24 hours is typical for small-time crimes, there’s circumstances where getting bailed out could unfortunately take longer, even if bail has already been paid:

• If bail was set on a Friday, you may not be released until Monday when the judge returns, as they have to approve all releases
• Holiday weekends can delay things since courts are closed
• Jails can sometimes be overcrowded and understaffed, causing backup in processing releases
• Bail paperwork errors or other administrative issues
• You having outstanding warrants in other jurisdictions
• Health reasons requiring clearance from a doctor before release

So while it’s reasonable to expect that bail should only take 12-24 hours under normal circumstances, it’s good to mentally prepare for the possibility that it could take longer even once bail is posted.

Speeding Up the Bail Out Process

If you have the means to do so, there’s a few things you can do to try and speed up getting bailed out:

• Have a family member or friend get the bail process started as soon as possible.
• Make sure whoever is posting bail for you has all the necessary paperwork and their ID.
• Consider using a bail bonds company as they may be able to post bond more quickly.
• If allowed in your state, see if paying 10% of the bail amount upfront to the court is an option.
• Be patient and cooperative with jail staff to avoid delays on their end.

Getting arrested and sitting in jail waiting, not knowing when you’ll be released, can be an incredibly stressful and anxious time. But hopefully knowing generally what timeframe to expect for getting bailed out can give you a little peace of mind.

And if you believe you were wrongly accused or charges are exaggerated, staying calm and focusing on your defense rather than the frustration of being in jail will serve you best in the long run. This difficult time will pass and you’ll move forward.

References

How Bail Works: https://www.nolo.com/legal-encyclopedia/how-bail-works.html

Making Bail – What to Expect: https://www.bailsbondsnow.com/information/what-to-expect

How to Get Out of Jail Fast: https://www.torklaw.com/how-to-get-out-of-jail-fast/