Criminal Defense Lawyers

Tips for Posting Bail for a Family Member

Tips for Posting Bail for a Family Member

Getting that call that a loved one has been arrested can be incredibly stressful. Your mind is probably racing with questions – What happened? What are the charges? How much is bail? Can I afford to pay it?
Posting bail allows a defendant to be released from jail while their case makes its way through the criminal justice system. This allows them to continue working and taking care of family responsibilities as their case proceeds. While posting bail may not be cheap, it can provide some big benefits for your loved one and your family.
Here are some tips on posting bail for a family member who has been arrested:

Understand How Bail Works

Before you start the process of posting bail, it’s important to understand exactly what bail is and how the system works.

When someone is arrested, a judge will decide the bail amount at a hearing shortly after booking. This is the amount of money that must be paid to the court in order for the defendant to be released from jail before their trial. The purpose of bail is to ensure that defendants return for all required court appearances. If they miss court, they forfeit the bail money.

Bail amounts are based on a number of factors, including the severity of charges, criminal history, ties to the community, and flight risk. More serious crimes generally have higher bail amounts. Many courts are also moving toward a risk-based system that aims to release low-risk defendants without requiring cash bail.

There are a few options for posting bail:

• Pay the full bail amount in cash up front
• Use collateral such as a house or other assets
• Use a bail bonds company – they typically charge a 10% fee and the defendant does not get this money back

If the defendant attends all court dates, the bail money is returned at the end of the case (minus any bondsman fees). But if they miss court, the money is forfeited.

Ask Friends or Family for Help

For most families, coming up with enough cash to pay a large bail amount is difficult. Don’t be afraid to ask close friends or extended family for help.

Be honest about why you need the money and how it will be paid back. Offer to sign a loan contract or promissory note. You may need to compromise on repayment terms or offer collateral.

Crowdfunding sites like GoFundMe make it easy to fundraise for bail support. Share the fundraiser on social media and be transparent about how funds will be used.

If asking for money doesn’t work, see if friends/family can at least contribute airline miles or hotel points to help traveling family visit your loved one in jail.

Act Quickly to Get Them Out

Ideally, you want to get your loved one out of jail quickly. The longer someone stays incarcerated, the more it can impact their mental health, job, and family life.

After arrest, your loved one will have a bail hearing within 24-48 hours. The judge will decide bail amount then. Have a plan in place so you can act immediately after the hearing.

Jails tend to release inmates faster when bail is posted in cash. Payment with a bail bond may take longer to process. Follow up persistently with the jail to make sure release happens as soon as possible.

Consider Bail Reduction

If the set bail amount seems unreasonably high, it may be possible to get it reduced by requesting a bail hearing.

Reasons to request bail reduction include:

• Bail is disproportionate to offense severity
• Defendant can’t afford bail but isn’t a flight risk
• Circumstances have changed since bail was set
• Bail violates 8th Amendment protection against excessive fines

A lawyer can file the bail reduction motion and represent your loved one at the hearing. Be prepared to provide evidence of ties to community, stable housing, employment, and other factors showing they aren’t a flight risk.

Put Up Property as Collateral

Using property as collateral for bail or a bail bond can help if you don’t have enough cash. Two common options are:

Real estate: A bail bondsman may accept a lien on your house in lieu of other collateral. Get the details in writing – how payments work if forfeited, interest, timeline for lien removal, etc.

Vehicle title: Bondsmen may accept a car title as collateral for bail bonds. Provide detailed info on the car and confirm when they will release the title (after case resolution, bail repayment, etc.).

Carefully vet any company you provide collateral to and understand all terms in writing beforehand. Consult a lawyer if needed.

Know What Happens if Bail is Forfeited

Make sure your loved one knows that skipping bail will have serious consequences for both of you. Their failure to appear would result in bail forfeiture.

If you paid cash bail directly, you will not get that money back. The court keeps it. You could potentially motion to have bail reinstated, but there’s no guarantee.

With a bail bond, the bondsman is on the hook for the full bail amount if forfeited. But they will come after you or your collateral to recover costs. You’ll likely owe the full bail amount.

A bench warrant will be issued for the defendant’s arrest. Additional criminal charges may be filed for bail jumping. And you’ll be out the money you paid.

Help Them Get to Court

While your loved one is out on bail, do what you can to help ensure they don’t miss required court dates.

• Remind them of court dates and offer rides if needed
• Help organize paperwork and evidence for their lawyer
• Provide stable housing if they were displaced following arrest
• Help manage any health or addiction issues
• Check in regularly for moral support

If you notice them struggling with depression or suicidal thoughts, seek help immediately. Mental health crises increase flight risk.

Get Support for Yourself Too

This process is stressful not just for the defendant, but for family members as well. Make sure to get the emotional support you need.

– Talk to trusted friends or family members

– Join a support group for families of incarcerated people

– Seek counseling or therapy if feeling overwhelmed

– Give yourself a break from visiting the jail if needed for your mental health

Taking care of your own wellbeing will allow you to better support your loved one long-term.

Consult a Criminal Defense Lawyer

Having a qualified criminal defense lawyer is crucial for navigating the bail process and building the strongest case.

A lawyer can help with things like:

• Providing information on bail, release eligibility, and options
• Advocating for lower or alternative forms of bail
• Filing bail reconsideration or reduction motions
• Negotiating with prosecutor on bail-related issues
• Working with bondsmen and court staff to expedite release

Public defenders are an option for those who can’t afford private counsel. Do research to find an experienced criminal lawyer with bail expertise.

Be Supportive After Their Release

Once your loved one is released on bail, they will need positive support to stay on track with their case and rebuild their life.

– Check in regularly and listen without judgement

– Encourage compliance with all conditions of release

– Help arrange transportation to court dates and meetings with their lawyer

– Assist with expenses if possible so they can focus on their case

– Be patient and understanding – the legal process causes enormous stress

Let them know you’re there to help every step of the way. Having a strong support system makes all the difference.